Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698931834917.pdf (New Zealand)
Reprint as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Public Act Date of assent 1989 No 24 27 May 1989 Contents Title Short Title and commencement Interpretation Act to bind the Crown Part 1 General objects, principles, and duties Objects General objects General principles Principles to be applied in exercise of powers conferred by this Act Welfare and interests of child or young person paramount Page 27 27 27 37 37 39 40 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Department of Social Welfare.
1 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 General duties Duties of chief executive Parents and others to be informed of decisions Interpreters Duty of Court and counsel to explain proceedings Duty of Court and counsel to encourage and assist child or young person to participate in proceedings Duty of medical practitioner to minimise distress to child or young person Part 2 Care and protection of children and young persons 13 Principles Principles Deﬁnition of child or young person in need of care or protection 14 14A Deﬁnition of child or young person in need of care or protection Conduct outside New Zealand Reporting of child abuse Reporting of ill­treatment or neglect of child or young person Protection of person reporting ill­treatment or neglect of child or young person Investigation of report of ill­treatment or neglect of child or young person Referral of care or protection cases to Care and Protection Co­ordinator or Youth Justice Co­ordinator by Social Workers or members of the Police Referral of care or protection cases to Care and Protection Co­ordinator by other persons or by Court Family group conferences Convening of family group conferences Care and Protection Co­ordinator to consult family, whanau, or family group on convening of family group conference Persons entitled to attend family group conference Care and Protection Co­ordinator to ensure that relevant information and advice made available to family group conference 40 42 42 43 44 45 45 47 50 50 50 51 51 52 54 54 55 57 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Care and Protection Co­ordinator to ascertain views of persons unable to attend family group conference Notiﬁcation of convening of family group conference Procedure at family group conference Department to provide administrative services to family group conference Functions of family group
 conference Family group conference may make decisions and recommendations and formulate plans Care and Protection Co­ordinator to seek agreement to decisions, recommendations, and plans of family group conference Procedure where no agreement possible Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons Department to maintain records of proceedings of family group conferences Chief Executive to give effect to decisions, recommendations, and plans of family group conference Police to comply with decisions, recommendations, and plans of family group conference Family group conference may reconvene to review its decisions, recommendations, and plans Proceedings of family group conference privileged Proceedings of family group conference not to be published Powers to remove child or young person Place of safety warrants Warrant to remove child or young person Person executing warrant to produce evidence of authority and identity [Repealed] Search without warrant Placement of child or young person placed in custody of chief executive Parent or guardian may apply for release of or access to child or young person Child or young person placed in custody of chief executive to be brought before Court within 5 days unless sooner released 57 58 58 58 58 59 59 61 62 63 63 64 64 64 65 65 66 68 68 69 69 70 3 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Powers of Court where application made under section 44 or child or young person brought before Court under section 45 Social Worker or member of Police to furnish report to Commissioner where child or young person released before required to be brought before Court Unaccompanied children and young persons Medical examination of child or young person Court may order medical examination of child or young person Ex parte application for order for medical examination Court may impose conditions on order for medical examination
 Medical practitioner to prepare report on examination Medical examination of child or young person at request of Social Worker Child or young person entitled to have adult present Restrictions on internal examinations and examinations under general anaesthetic Medical practitioner to prepare report on examination Social Worker to make report to chief executive Fees for reports prepared under section 52 or section 56 Production of documents relevant to investigation Application for production of documents relevant to investigation of whether child or young person in need of care or protection Ex parte application for order for production of document Court may order document to be produced Section 61 to apply notwithstanding any enactment or rule of law Right to remove, retain, and make copies of document produced under section 61 Document produced under section 61 not to be used for any other purpose Use of documents in subsequent proceedings Government Departments may be required to supply information Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Proceedings in respect of children and young persons in need of care or protection Grounds for declaration that child or young person is in need of care or protection Application for declaration that child or young person is in need of care or protection Joint applications No application to be made unless family group conference has been held Court may make declaration in absence of proof of responsibility for neglect or ill­treatment of child or young person Court not to make declaration unless family group conference held Court not to make declaration unless satisﬁed that child’s or young person’s need for care or protection cannot be met by other means Counselling Court may require parties to undergo counselling Counsellor to arrange meeting and submit report
 on outcome Fees Privilege Custody of child or young person pending determination of proceedings Custody of child or young person pending determination of proceedings Persons who may be granted custody under section 78 Effect of order made under section 78 Placement of child or young person under order made under section 78 Child or young person may be returned to person who previously had care Orders under this Part of this Act Orders of Court on making of declaration Power to make other orders where declaration made on ground of child’s offending Recall to come before Court Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Services orders 86 86A Services orders Interim services orders 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Restraining orders Restraining orders Interim restraining orders Offence to contravene restraining order or interim restraining order When restraining order shall cease to have effect Support orders Support orders Interim support orders Duty to provide support Duty of chief executive to appoint Social Worker to provide support Conditions of support order or interim support order Power of Court to impose additional conditions Court may impose conditions in respect of parent, guardian, etc, of child or young person Court not to impose condition requiring medical treatment without person’s consent Person or organisation providing support to child or young person to report to Court Failure to observe conditions of support order Custody orders Custody orders Interim custody orders Court may impose conditions to facilitate return of child or young person Effect of custody order Living arrangements for child or young person placed in custody of chief executive Living arrangements where child or young person placed in custody of Iwi Social Service, etc Person in whose
 custody child or young person is placed may determine access rights in absence of Court order 108 When custody order shall cease to have effect Custody to revert on expiry of order 109 94 95 95 96 96 96 97 98 98 98 99 99 100 101 102 102 103 103 104 104 106 107 108 108 109 6 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Guardianship orders 110 111 112 113 Guardianship orders Person not to be appointed as guardian without consent Chief executive may be appointed as guardian for speciﬁc purpose Court may impose conditions to facilitate return of child or young person Effect of guardianship order Disputes between guardians Review of guardian’s decision or refusal to give consent 114 115 116 117 When guardianship orders to cease to have effect 118 Reversion of guardianship on expiry or discharge of guardianship order Guardianship of child or young person on death of person appointed as guardian under this Act Effect of custody and guardianship orders on jurisdiction under Care of Children Act 2004 Restriction on making of guardianship and parenting orders under Care of Children Act 2004 Access and exercise of other rights Court may make orders for access and exercise of other rights by parents and other persons Enforcement of access rights Power of entry Person executing warrant to produce evidence of authority and identity [Repealed] Variation and discharge of orders Application for variation or discharge of orders made under this Part of this Act Persons who may apply for variation or discharge of order 126 126A Court may direct holding of family group conference to consider application Court may vary or discharge order Plans for children and young persons Court to obtain and consider plan for child or young person before making certain orders Court to direct who is to prepare plan Content of plans Adjournment for purposes of obtaining plan 127 128 129 130 131 119 120 121 122 123 124 125 109 110 110 110 111 112 112 113 114 114 115 116
 117 117 118 118 119 120 120 122 123 125 125 7 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Access to plans Court may order plan not to be disclosed Court to set date for review of plan Review of plan Access to reports and revised plans Court to consider report and make directions Court to set date for further review of plan Agreements for care of children and young persons Agreements for temporary care of children and young persons by chief executive, Iwi Social Services, etc Agreements for extended care of children and young persons by chief executive, Iwi Social Service, etc Agreements for extended care of severely disabled children and young persons Agreements with persons providing residential disability care All parents or guardians not required to be party to agreement Agreement not to be made without consent of child or young person Agreement not to be made without approval of family group conference Form and terms of agreements Further restrictions on making of agreements Effect of agreements Agreement may provide for consent to medical treatment Part 3 Provisions relating to procedure in respect of proceedings under Parts 2 and 3A Courts having jurisdiction under Parts 2 and 3A Jurisdiction of Family Courts Jurisdiction of District Courts in cases of urgency Service of applications Service of application for declaration Notice of application for declaration to be given to child or young person Service of application for variation or discharge of order Court may dispense with service Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Attendance of parties at hearing 156 157 Court may require party to attend hearing Court may require child or young person to attend hearing 158 Applications may be
 heard together Joint hearings 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 Appointment of persons to represent child or young person or assist Court Appointment of barrister or solicitor to represent child or young person Appointment of barrister or solicitor to assist Court Further provisions relating to barrister or solicitor appointed under section 159 or section 160 Payment of barrister or solicitor appointed under section 159 or section 160 Appointment of lay advocate Further provisions relating to lay advocate Payment of lay advocate Attendance at hearings and right to make representations Persons entitled to be present at hearing of proceedings in Family Court Child or young person may give evidence in private Other powers of Court to hear proceedings in private or exclude persons not affected Right to make representations Mediation conferences Calling of mediation conference Objectives of mediation conference Procedure at mediation conference Presiding Judge to make record of proceedings at mediation conference Power of presiding Judge to make consent orders Power to require attendance at mediation conference Privilege Presiding Judge may hear subsequent proceedings Reports 178 Medical, psychiatric, and psychological reports 179 Further provisions relating to medical, psychiatric, and psychological examinations 142 143 144 145 145 146 146 147 148 149 149 150 151 151 151 152 152 153 154 154 155 155 155 156 9 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Fees for reports prepared under section 178 Court may order examination to be carried out in psychiatric hospital Release of child or young person from psychiatric hospital where detention no longer required Review of order made under section 178 or section 181 Court may indicate matters to be dealt with in report Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003 Report by
 Social Worker Cultural and community reports Privilege for reports Adjournment for purposes of obtaining report Reports may be made orally Access to reports Court may order report not to be disclosed Right to tender evidence on report Court may call person making report as witness Miscellaneous provisions Evidence Special provisions applying to disclosure of communications to medical practitioner or clinical psychologist Standard of proof Special provisions applying to applications for declaration on ground of child’s offending Power of Court to call witnesses Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly Adjournments Orders by consent Costs Rehearings Preventing removal of child or young person from New Zealand Offence to take child or young person out of New Zealand where proceedings pending Vexatious proceedings Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A Trans­Tasman transfer of protection orders and protection proceedings 207A Purpose of Part Purpose of Part Interpretation 207B Interpretation 207C Meaning of protection order Transfer of protection orders from New Zealand by chief executive 207D Chief executive may transfer protection order 207E Chief executive to have regard to certain matters 207F Consent required 207G Consultation required 207H Conditions and duration of order to be transferred 207I Notice of decision to transfer Review of decision to transfer 207J Transfer of protection orders from New Zealand by order of Court 207K Court may order transfer of protection order 207L Service of application 207M Court to have regard to certain matters 207N Terms, conditions, and duration of order to be
 transferred 207O Appeal against order for transfer 207P Review of order for transfer Transfer of protection proceedings from New Zealand by order of Court 207Q Court may order transfer of protection proceedings 207R Service of application 207S Court to have regard to certain matters 207T Interim order 207U Appeal against order for transfer 207V Review of order for transfer 207W Transferred proceedings discontinued 171 172 174 174 176 176 177 178 178 179 179 181 181 181 182 183 183 184 185 186 186 187 187 Transfer of protection orders and protection proceedings to New Zealand 207X Registration of orders and proceedings to be transferred 188 to New Zealand 11 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 207Y Notice of registration 207Z Effect of registration 207ZA Court to obtain plan for child or young person 207ZB Hearing and determination of transferred proceedings 207ZC Aboriginal or Torres Strait Islander children or young persons 207ZD Application to have registration revoked 207ZE Service of application 207ZF Revocation of registration 207ZG Notice of revocation 207ZH Effect of revocation on plan and documents Miscellaneous provisions 207ZI Expiry and revival of order transferred from New Zealand 207ZJ Expiry and revival of ancillary orders 207ZK Transfer of Court ﬁle 207ZL Disclosure of information to interstate ofﬁcer 207ZM Information disclosed to chief executive by interstate ofﬁcer 207ZN Department not to disclose information identifying notiﬁer 207ZO Written consent of interstate ofﬁcer Part 4 Youth justice Principles 208 Principles Warnings and formal police cautions 209 210 211 212 213 Consideration of warning as alternative to prosecution Administration of warning Formal Police caution Notice of warning or caution Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings Arrest of child or young person without warrant 188 189 189 190 190 191 191 192
 192 192 193 193 194 194 195 195 196 197 198 198 198 199 199 214 Arrest of child or young person without warrant 200 12 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Rights of children and young persons when questioned, charged with offence, or arrested 215 Child or young person to be informed of rights before questioned by enforcement ofﬁcer 215A Rights to be explained to child or young person on request 216 Enforcement ofﬁcer to explain rights to child or young person who is to be charged with offence Rights to be explained to child or young person who is arrested Explanations to be given in manner and language appropriate to age and level of understanding of child or young person Explanations not required if child or young person already informed of rights Other enactments requiring information or particulars not affected Provisions relating to admissibility of statements made by children and young persons Admissibility of statements made by children and young persons Persons who may be nominated for the purposes of section 221(2)(b) or (c) Section 221 not to apply where statement made before requirements of that section can be met Reasonable compliance sufﬁcient Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected Evidence of communications during consultation not admissible Entitlement to consult barrister or solicitor Child or young person at enforcement agency ofﬁce for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital 217 218 219 220 221 222 223 224 225 226 227 228 201 203 203 203 204 204 204 205 206 207 207 208 208 208 209 13 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 229
 230 231 232 Notiﬁcation of parents and other persons where child or young person being questioned or is arrested Parents or guardians or other persons to be informed where child or young person at enforcement agency ofﬁce for questioning in relation to commission or possible commission of offence or is arrested Evidence of communications during visit not admissible Persons who may be nominated for the purposes of section 229(1)(a) Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person Breath­alcohol and blood­alcohol provisions of Transport Act 1962 not affected 233 Breath­alcohol and blood­alcohol provisions of Land Transport Act 1998 not affected Custody of child or young person following arrest or pending hearing Custody of child or young person following arrest Child or young person who is arrested may be placed in custody of chief executive Young person who is arrested may be detained in Police custody Child or young person who is arrested to be brought before Court as soon as possible Custody of child or young person pending hearing Restrictions on power of Court to order child or young person to be detained in custody 234 235 236 237 238 239 239A Expiry of sections 238(1A) to (1C), and 239(3) 240 241 242 Conditions of bail Review of orders made under section 238 Order under section 238 sufﬁcient authority for detention of child or young person Other powers to grant bail not affected Powers under Immigration Act 1987 not affected Immigration Act 1987 (other than sections 126(4) and 142) not affected 243 244 14 210 211 212 213 213 213 214 215 216 217 218 218 219 219 219 220 220 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 Prosecution of children and young persons Proceedings not to be instituted against young person unless Youth Justice
 Co­ordinator consulted and family group conference held Procedure where young person arrested and brought before Court Youth Justice Co­ordinator to convene family group conference Family group conference not required in certain cases Time limits for convening of family group conferences Consultation on convening of family group conference Persons entitled to attend family group conference Child or young person in custody to be permitted to attend family group conference Notiﬁcation of convening of family group conference Youth Justice Co­ordinator to ascertain views of persons unable to attend family group conference Youth Justice Co­ordinator to ensure that relevant information and advice made available to family group conference Procedure at family group conference Department to provide administrative services to family group conferences Functions of family group conference Family group conference to ascertain whether child or young person admits offence Family group conference may make decisions and recommendations and formulate plans Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person Youth Justice Co­ordinator to make record of decisions, recommendations, and plans of family group conference Youth Justice Co­ordinator to seek agreement to decisions, recommendations, and plans of family group conference Procedure where no agreement possible Records of decisions, recommendations, and plans of family group conference to be made available to interested persons Department to maintain records of proceedings of family group conferences 220 221 222 222 225 226 227 230 231 231 232 232 232 233 234 234 235 235 236 237 238 239 15 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 267 268 269 270 271 Enforcement agencies to comply with decisions, recommendations, and plans of family group conference Chief executive to give effect to decisions, recommendations, and plans
 of family group conference Chief executive may provide ﬁnancial assistance to enable decisions, etc, of family group conference to be carried out Family group conference may reconvene to review its decisions, recommendations, and plans Proceedings of family group conference privileged and not to be published Jurisdiction of Youth Courts Jurisdiction of Youth Court 272 273 Manner of dealing with summary offences and indictable offences (other than purely indictable offences) 274 Manner of dealing with purely indictable offences or 275 276 277 278 279 280 where person elects jury trial Young person may forego right to jury trial and elect to have proceedings determined by Youth Court Young person may plead guilty and elect to be dealt with by Youth Court Provisions applicable where young person charged jointly with person who is not a young person Parent or guardian may be summoned to appear when young person charged with offence Court to consider recommendations of family group conference Court may refer case to Care and Protection Co­ordinator to determine whether matter should be dealt with under Part 2 Disposal of proceedings in Youth Court 239 240 241 241 241 242 243 243 244 244 245 245 246 246 281 Court not to make orders unless family group conference held 247 281A Court to consider whether family group conference should 248 be held 281B Court may direct holding of family group conference at any time Power of Court to discharge information Orders of the Court Factors to be taken into account on sentencing 282 283 284 16 248 249 249 251 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 285 286 287 288 289 290 Restrictions on power of Court to make certain orders under section 283 Person or organisation not to be required to supervise young person without consent Reparation limited to direct loss Order not to be made in respect of parent or guardian unless given opportunity to be heard Restriction on imposition of supervision
 with activity order Restrictions on imposition of supervision with residence or transfer to District Court for sentence Transfer of other charges to District Court for sentence 291 292 Whole or part of ﬁne may be awarded to victim of offence suffering physical or emotional harm [Repealed] Effect of order imposing ﬁne or requiring payment of compensation or restitution or forfeiture of property 293 293A Disqualiﬁcation from driving 294 295 Demerit points Recall to come before Court 296 Expiry of orders Expiry of orders 297 298 299 300 301 302 303 Powers of court where young person already subject to order made under this Part Powers of Court in dealing with young person subject to order made under this Part of this Act Community work order Community work order Failure to comply with community work order Variation or cancellation of community work order Procedural provisions relating to application under section 300 Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to young persons performing work under community work order Effect of subsequent sentence Provisions relating to supervision orders and supervision with activity orders 304 305 Duty of chief executive to provide for supervision Conditions of supervision order 252 254 254 254 254 255 255 256 256 257 258 259 260 260 261 261 262 263 263 264 265 265 17 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 306 307 308 309 310 311 312 313 314 315 316 Power of Court to impose additional conditions Supervision with activity order Conditions of supervision with activity order Failure to observe conditions of supervision order or supervision with activity order Suspension, cancellation, and variation of supervision order or supervision with activity order Supervision with residence orders Supervision with residence order Effect of supervision with residence order Court may make orders for access and exercise of other rights by parents and other persons Chief
 executive may release young person from custody before expiry of supervision with residence order Supervision with residence order to cease to run if young person absconds Court may cancel supervision with residence order if young person absconds 317 When supervision with residence order ceases to have effect Search without warrant 318 319 Medical treatment of young person in custody of chief executive Reports on effectiveness of orders 320 Report to be made to Court on effectiveness of certain orders Part 5 Provisions relating to procedure in Youth Court General Application of District Courts Act 1947 and Summary Proceedings Act 1957 Time for instituting proceedings Youth advocates Appointment of Youth Advocate to represent child or young person Further provisions relating to Youth Advocate Payment of Youth Advocate 321 322 323 324 325 18 266 267 268 268 269 270 271 272 272 273 273 274 274 275 275 276 277 277 278 279 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Lay advocates Appointment of lay advocate Functions of lay advocate Further provisions relating to lay advocate 326 327 328 328A Payment of lay advocate Attendance at hearings and right to make representations 329 330 Persons entitled to be present at hearing Right to make representations in Youth Court Arrangements for hearings in Youth Courts 331 Matters before Court to be dealt with separately 332 Arrangements for hearing of proceedings in Youth Court Reports 333 Medical, psychiatric, and psychological reports 334 335 336 337 338 339 Report by Social Worker Report to be accompanied by plan Court may obtain cultural or community report Reports may be made orally Privilege for reports Access to reports and plans under this Part of this Act Written statement of terms of orders 280 280 281 281 281 282 283 283 284 285 285 286 286 286 286 340 Written statement of terms of certain orders to be given 287 to young person Part 6 Appeals 341 342 343 344 345 346 347 348 349
 Appeals from decisions of Family Courts Rights of appeal against decisions of Family Courts Procedure for bringing appeal [Repealed] Notice of appeal to be given to local principal manager of the Department Notice of appeal not to affect orders unless Court otherwise directs Interim custody order pending appeal Procedure on appeal Appeal to Court of Appeal Determination of appeals Court may refer appeals back for reconsideration [Repealed] 287 288 288 289 289 290 290 291 291 19 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 350 351 352 353 354 355 356 357 358 359 360 361 362 363 Decision of High Court and Family Court to be sent to chief executive Appeals from decisions of Youth Court Appeals from decisions of Youth Court by young person Appeal by parents or guardians or other persons having care of young person Appeal by persons other than young person dealt with in Youth Court Appeal on a point of law only Application of Part 4 of Summary Proceedings Act 1957 Effect of notice of appeal on certain orders Application of section 329 to hearing of appeal Presence of young person at hearing of appeal Presence of parents at hearing of appeal from decisions of Youth Court Notiﬁcation of appeal and result of appeal to local Principal Manager of the Department Part 7 Children and young persons in care of chief executive or other persons or bodies Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395 of this Act Placement of children and young persons Children and young persons may be placed in care of approved persons Payment to person or organisation providing care Residences Authority to establish residences 364 364A Residence management committees [Repealed] 364B Functions of residence management committees [Repealed] Chief executive may place children and young persons in residences Closing of residences and transfer of residents Secure care Secure care Grounds for placement in secure care 365 366 367 368 20 291 292
 292 293 293 294 294 295 295 296 297 297 299 299 300 301 301 301 301 302 302 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act Notice to be given where child or young person placed in secure care Time limits on detention in secure care Application for approval for continued detention in secure care Registrar may authorise continued detention in secure care until application is determined Persons entitled to be present at hearing of application under section 371 Right to make representations Hearing to be held in residence wherever practicable Court may authorise continued detention in secure care Renewal of approval for continued detention in secure care Notiﬁcation of decision of Court Review of decision to grant or renew approval Application for review of detention in secure care Notice of application for review of detention in secure care Disposal of application for review of detention in secure care Review of refusal of application 383 383A Lapse of authority for detention in secure care 384 Discipline of children and young persons in residences 314 Discipline Searches 384A Interpretation 384B Inspection of mail 384C Child or young person may be searched to detect unauthorised items 384D Use of dogs for searching 384E Child or young person may be strip searched 384F Explanation of purpose and consequences of inspections and searches 384G Restrictions on searches 384H Use of force in carrying out search 384I 384J 384K Power to seize articles, etc, found on inspection or search Recording of inspections and searches Child or young person may make complaint 314 316 317 317 318 318 319 320 321 321 321 21 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 385 386 387 388 389 390 391 Absconding by children and young persons Children and young persons who abscond Search warrants Financial
 matters Chief executive empowered to make payments for beneﬁt of children and young persons Financial and other assistance in respect of children and young persons subject to orders made under this Act Financial and other assistance in other cases Power to control ﬁnances of young persons under guardianship or in custody Imposition of charge to meet expenses of providing care for children and young persons 392 Manager may be appointed under Protection of Personal and Property Rights Act 1988 to manage property of children and young persons subject to guardianship or custody order Maintenance 393 394 Recovery of cost of maintenance of children and young persons in care [Repealed] Limitation on tortious liability Limitation on tortious liability of chief executive and other persons having care of child or young person 395 Police to be notiﬁed of deaths Reporting of deaths Part 8 Provisions relating to Iwi Social Services, Cultural Social Services, Child and Family Support Services, and Community Services Iwi Social Services, Cultural Social Services, and Child and Family Support Services Approval of Iwi Social Services, Cultural Social Services, and Child and Family Support Services Restrictions on granting of approval Chief executive not to decline application without giving applicant opportunity to make submissions Revocation of approval Assessment of Iwi Social Services, etc 396 397 398 399 400 22 322 323 324 324 325 325 326 327 327 327 329 330 331 331 332 333 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 401 402 403 404 405 406 407 408 409 Powers of persons carrying out assessment of Iwi Social Service, etc Convener of Iwi Social Service or Cultural Social Service to have power of decision for purposes of this Act Community services Approval of Community Services Chief executive not to decline application without giving applicant opportunity to make submissions Revocation of approval Financial assistance to Community Services
 Chief executive may contract with Community Services for provision of services Assessment of Community Services Powers of person carrying out assessment of Community Service Part 9 Commissioner for Children [Repealed] Appointment and functions [Repealed] 410 411 Commissioner for Children [Repealed] Functions of Commissioner [Repealed] Proceedings of Commissioner [Repealed] Powers of Commissioner [Repealed] Commissioner may regulate own procedure [Repealed] Commissioner not to make adverse comment unless opportunity to be heard given [Repealed] Annual report [Repealed] Conditions of employment [Repealed] Appointment of Commissioner [Repealed] Term of ofﬁce and conditions of employment of Commissioner [Repealed] Removal from ofﬁce [Repealed] Superannuation or retiring allowances [Repealed] Miscellaneous provisions [Repealed] Proceedings privileged [Repealed] Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Commissioner deemed to be ofﬁcial [Repealed] 421 422 Money to be appropriated by Parliament for purposes of 341 341 this Part of this Act [Repealed] Part 10 Miscellaneous provisions Care and Protection Co­ordinators and Youth Justice Co­ordinators Appointment of Care and Protection Co­ordinators Duties of Care and Protection Co­ordinator Appointment of Youth Justice Co­ordinators Duties of Youth Justice Co­ordinator Delegation of functions of Care and Protection Co­ordinator or Youth Justice Co­ordinator to Social Worker Care and Protection Resource Panels Care and Protection Resource Panels Functions of Care and Protection Resource Panels Care and Protection Resource Panels may regulate own procedure Annual report Fees and allowances Youth Courts 423 424 425 426 427 428 429 430 431 432 Establishment of Youth Courts 433 Principal Youth Court Judge 434 435 Designation of Youth Court Judges 435A Stationing of Judges and
 sittings of Courts 436 District Court Judge may exercise jurisdiction in absence of Youth Court Judge Miscellaneous provisions relating to proceedings under this Act Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person Restriction on publication of reports of proceedings Proceedings not invalid because of mistake as to age Proceedings not to be questioned for want of form Court may determine age of child or young person in absence of evidence No Court fees payable 437 438 439 440 441 442 24 341 342 342 343 343 344 345 345 345 346 346 346 347 347 348 348 349 350 351 351 351 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Issue and execution of warrants Liability of persons providing reports 443 444 445 Witnesses expenses Search warrants 352 352 352 445A Person executing warrant to produce evidence of authority 352 and identity 445B Authority to use facsimile copy of warrant 445C Issue and execution of warrants Offences Offences 446 446A Children and young persons to whom section 446B applies 446B Offences available if child or young person is subject of certain protection orders or proceedings under Part 3A Regulations Regulations Rules of procedure 447 448 448A Transitional provisions relating to rules 449 450 451 452 453 454 Part 11 Amendments to other enactments, repeals, savings, and transitional provisions Amendments to other enactments Consequential amendments Adoption Act 1955 amended Department of Social Welfare Act 1971 consequentially amended [Repealed] Local Government Act 1974 consequentially amended [Repealed] Summary Offences Act 1981 amended 10A 10B Ill­treatment or wilful neglect of child Leaving child without reasonable supervision and care Criminal Justice Act 1985 amended 139A Protection of identity of children called as witnesses in criminal proceedings 142A Detention of children or young persons serving sentence of imprisonment 455 Child
 Care Regulations 1985 consequentially amended 353 355 355 356 357 358 359 360 361 361 362 362 362 362 362 362 363 363 364 25 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 364 364 364 364 365 365 365 365 365 365 365 366 366 366 366 366 368 373 456 Repeals and savings Repeals and savings 457 458 459 460 461 462 463 464 465 466 467 Transitional provisions Complaints [Repealed] Informations [Repealed] Guardianship orders [Repealed] Plans and reports to be furnished to Court in respect of orders deemed to be guardianship orders under this Act [Repealed] Review of orders deemed to be guardianship orders under this Act [Repealed] Applications for review of guardianship orders [Repealed] Supervision orders [Repealed] Applications for review of supervision orders [Repealed] Complaints for failure to observe conditions of supervision order [Repealed] Agreements for control of child or young person by the Director­General [Repealed] Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974 [Repealed] 467A Building Act 2004 468 Agreements for assumption of care of child or young person by manager of home or recognised system of foster care [Repealed] Administration of property by Public Trustee [Repealed] Schedule 1 Provisions applied to Youth Courts and to proceedings in such Courts Schedule 2 Enactments amended Schedule 3 Enactments repealed 469 26 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 s 2 (b) An Act to reform the law relating to children and young persons who are in need of care or protection or who offend against the law and, in particular,— (a) To advance the wellbeing of families and the wellbeing of children and young persons as members of families, whanau, hapu, iwi, and family groups: To make provision for families, whanau, hapu, iwi, and family groups to receive assistance in caring for their children and young persons: To make provision for matters
 relating to children and young persons who are in need of care or protection or who have offended against the law to be resolved, wherever possible, by their own family, whanau, hapu, iwi, or family group: (d) To repeal the Children and Young Persons Act 1974 (e) Paragraph (d) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).
(c) BE IT ENACTED by the Parliament of New Zealand as follows: 1 (1) (2) 2 (1) Short Title and commencement This Act may be cited as the Children, Young Persons, and Their Families Act 1989.

This Act shall come into force on the 1st day of November 1989.
Interpretation In this Act, unless the context otherwise requires,— Care and Protection Co­ordinator means a Care and Protection Co­ordinator appointed by the chief executive pursuant to section 423 of this Act Care and Protection Co­ordinator: this deﬁnition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Care and Protection Resource Panel means a Care and Protection Resource Panel established pursuant to section 428 of this Act 27 s 2 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Chief executive means, subject to any enactment, the person holding ofﬁce as the chief executive of the Department Chief executive: this deﬁnition was inserted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Child means a boy or girl under the age of 14 years Child abuse means the harming (whether physically, emotionally, or sexually), ill­treatment, abuse, neglect, or deprivation of any child or young person Child abuse: this deﬁnition was inserted, as from 8 January 1995, by section 2(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Child and Family Support Service means any organisation or body approved by the chief executive as a Child and Family Support Service pursuant to section 396(3) of this Act Child and Family Support Service: this deﬁnition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Commissioner means the Children’s Commissioner continued under section 6 of the Children’s Commissioner Act 2003.

Commissioner: this deﬁnition was substituted, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).

Commissioner: this deﬁnition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Community Service means any service approved by the chief executive as a Community Service pursuant to section 403 of this Act Community Service: this deﬁnition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Convene, in relation to a family group conference, means to take the appropriate steps under sections 20 and 25 of this Act (in the case of a family group conference authorised or required under Part 2 of this Act) or under sections 247 and 253 of this Act (in the case of a conference authorised or required under Part 4 of this Act) in order to cause the 28 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 s 2 conference to meet; and reconvene has a corresponding meaning Convene: this deﬁnition was inserted, as from 8 January 1995, by section 2(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Court, in relation to Parts 2, 3, and 3A of this Act, means a Family Court, and in relation to Parts 4 and 5 of this Act, means a Youth Court this deﬁnition was amended, as from 1 November 1999, by section Court: 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by substituting “Parts 2, 3, and 3A” for “Parts 2 and 3”.
Cultural Authority[Repealed] Cultural Authority: this deﬁnition was repealed, as from 8 January 1995, by section 2(3) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
[Repealed] Cultural Social Service means any incorporated body approved by the chief executive as a Cultural Social Service pursuant to section 396(2) of this Act Cultural Social Service: this deﬁnition was inserted, as from 8 January 1995, by section 2(3) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Cultural Social Service: this deﬁnition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Custody means the right to possession and care of a child or young person Department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act Department: this deﬁnition was amended, as from 1 April 1990, by section 35(1)(a) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by omitting “established by the Department of Social Welfare Act 1971”.
Department: this deﬁnition was substituted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

29 s 2 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Director­General[Repealed] Director­General: this deﬁnition was substituted, as from 1 April 1990, by section 35(1)(b) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
Any writing on any material: this deﬁnition was repealed, as from 1 October 1999, by Director­General: section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
[Repealed] Document means a document in any form; and includes— (a) (b) Any information recorded or stored by means of any tape­recorder, computer, or other device; and any material subsequently derived from information so recorded or stored: Any label, marking, or other writing that identiﬁes or describes any thing of which it forms part, or to which it is attached by any means: (c) (d) Any book, map, plan, graph, or drawing: (e) Any photograph, ﬁlm, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced: Enforcement agency means— The New Zealand Police: (a) (b) Any Department (as deﬁned in section 2(1) of the State Sector Act 1988): A local authority: (c) Enforcement agency ofﬁce means— (a) (b) Any premises occupied by— A Police station: (i) Any Department (as deﬁned in section 2(1) of the State Sector Act 1988): (ii) Any local authority: Enforcement ofﬁcer means— (a) (b) An enforcement ofﬁcer (as deﬁned in section 2(1) of the Any member of the Police: (c) Land Transport Act 1998): Any person acting in the course of his or her ofﬁcial duties (being duties that consist of or include the 30 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 s 2 detection, investigation, or prosecution of offences) as an ofﬁcer or employee of— (i) The Public Service (as deﬁned in section 2(1) of the State Sector Act 1988); or (ii) A local authority: Enforcement ofﬁcer: paragraph (b) of this deﬁnition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Ex parte application means an application made without notice to the respondent to the application Family group, in relation to a child or young person, means a family group, including an extended family,— (a) In which there is at least 1 adult member— (i) With whom the child or young person has a (ii) biological or legal relationship; or To whom the child or young person has a signiﬁcant psychological attachment; or That is the child’s or young person’s whanau or other culturally recognised family group: (b) Family group conference,— (a) or by (b) a Youth reconvened In relation to Part 2 of this Act, means a meeting convened or reconvened by a Care and Protection Co­ordinator in accordance with section 20 of this Act: In relation to Part 4 of this Act, means a meeting convened Justice Co­ordinator in accordance with section 247 or section 270 or section 281 or section 281B of this Act: Family group conference: paragraph (b) of this deﬁnition was amended, as from 8 January 1995, by section 2(4) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by inserting “or section 281B”.
Family resource centre means any premises that provide temporary accommodation for a child or young person and any person who has the care of that child or young person, where that accommodation is provided as part of a programme designed to provide assistance to that person Guardianship has the meaning given to it by section 15 of the Care of Children Act 2004; and guardian has a corresponding meaning Guardianship: this deﬁnition was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “section 15 of the Care of Children Act 2004” for “section 3 of the Guardianship Act 1968”.
31 s 2 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Indictable offence means an indictable offence within the meaning of the Summary Proceedings Act 1957 Iwi Authority[Repealed] Iwi Authority: this deﬁnition was repealed, as from 8 January 1995, by section 2(5) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
[Repealed] Iwi Social Service means any incorporated body approved by the chief executive as an Iwi Social Service pursuant to section 396(1) of this Act Iwi Social Service: this deﬁnition was inserted, as from 8 January 1995, by section 2(5) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Iwi Social Service: this deﬁnition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Lay advocate does not include any person who is a barrister or solicitor medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine medical practitioner: this deﬁnition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.

Minister means, subject to any enactment, the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act Minister: this deﬁnition was substituted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Near relative means a grandparent, aunt, uncle, brother, or sister; and includes a brother or sister of the half­blood as well as of the full­blood near relative: this deﬁnition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by omitting the expression “step­parent,”.
32 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 s 2 this deﬁnition was substituted, as from 26 April 2005, by section parent, in relation to a child, includes a step­parent of the child, but only if the step­parent shares responsibility for the day­to­day care of the child with a parent of the child Parent: 7 Relationships (Statutory References) Act 2005 (2005 No 3).
Psychiatric hospital means a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 Psychiatric hospital: this deﬁnition was substituted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology.

psychologist: this deﬁnition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
Purely indictable offence means any indictable offence other than an offence for which, by virtue of section 6 of the Summary Proceedings Act 1957, proceedings may be taken in a summary way in accordance with that Act Residence— (a) Means any residential centre, family home, group home, foster home, family resource centre, or other premises, approved or recognised for the time being by the chief executive as a place of care or treatment for the purposes of this Act; and Includes any place of care or treatment, so approved, whether administered by the Crown or not; but Does not include— A prison; or (i) a psychiatric hospital or a facility within (ii) the Intellectual Disability the meaning of (Compulsory Care and Rehabilitation) Act 2003; or (iii) (b) (c) 33 s 2 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (iv) A children’s health camp operated by Children’s Health Camps—The New Zealand Foundation for Child and Family Health and Development: Residence: paragraph (a) of this deﬁnition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Residence: paragraph (c)(i) of this deﬁnition was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “prison” for “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Residence: paragraph (c)(ii) of this deﬁnition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by omitting “or a licensed institution under the Mental Health Act 1969”.
Residence: paragraph (c)(ii) of this deﬁnition was substituted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).

Residence: paragraph (c)(iii) of this deﬁnition was repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Residence: paragraph (c)(iv) of this deﬁnition was amended, as from 1 April 2000, by section 8 Children’s Health Camps Board Dissolution Act 1999 (1999 No 141) by substituting “operated by Children’s Health Camps—The New Zealand Foundation for Child and Family Health and Development” for “within the meaning of the Children’s Health Camps Act 1972”.
Secure care, in relation to a child or young person in a residence established under section 364 of this Act, means containment in that residence within a locked room or enclosure with visible physical barriers Social Welfare District or District[Repealed] Social Welfare District or District: this deﬁnition was amended, as from 1 April 1990, by section 35(1)(c) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting “Part 5 of the State Sector Act 1988” for “section 10(1) of the Social Welfare Act 1971”.
Social Welfare District or District: this deﬁnition was repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

[Repealed] Social Worker means a person employed under Part 5 of the State Sector Act 1988 in the Department as a social worker Social Worker: this deﬁnition was substituted, as from 1 April 1990, by section 35(1)(d) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).
34 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 s 2 Social Worker: this deﬁnition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by omitting “of Social Welfare”.
Summary offence means a summary offence within the meaning of the Summary Proceedings Act 1957 Trafﬁc offence means— (a) Any offence against the Transport Act 1962 or the Land Transport Act 1998, or against any regulation or bylaw made under either of those Acts: (b) Any offence against any regulation or bylaw made under any other Act if the offence relates to the use of vehicles or parking places or transport stations: Trafﬁc offence: paragraph (a) of this deﬁnition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Victim means a person who, through or by means of an offence, suffers physical or emotional harm, or loss of or damage to property; and where an offence results in death, the term includes the members of the immediate family of the deceased Working day means a day of the week other than— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and (c) (b) A day in the period commencing with 25 December in a year and ending with 15 January in the following year; and In relation to a requirement to ﬁle a document with any court or to supply a document before a sitting of any court,— (i) The day observed as the anniversary of the province in which the court is situated; and (ii) Any other day that is observed by the court as a court holiday: Working day: this deﬁnition was substituted, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
35 s 2 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Young person means a boy or girl of or over the age of 14 years but under 17 years; but does not include any person who is or has been married or in a civil union Young person: this deﬁnition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting “or in a civil union”.
Youth Advocate means a barrister or solicitor appointed pursuant to section 323 of this Act to represent a child or young person Youth Justice Co­ordinator means a Youth Justice Co­ordinator appointed by the chief executive pursuant to section 425 of this Act.

Youth Justice Co­ordinator: this deﬁnition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
(2) Where any proceedings are being considered or have been taken in respect of any offence allegedly committed by a person when that person was a child or young person, the age of that person at the date of the alleged offence shall be that person’s age for the purpose of— (a) Whether there is jurisdiction to take any proceedings in respect of that alleged offence, and, subject to paragraph (d) of this subsection, which Court has jurisdiction in respect of proceedings that may be taken; and (b) The proceedings taken,— but nothing in this subsection shall— (c) Require or authorise any family group conference in respect of the alleged offence before or at any stage of the proceedings if, at the time the conference would otherwise be required, that person has attained the age of 18 years; or Require any proceedings to be taken in a Youth Court if, at the time the information is laid, that person has attained the age of 18 years; or Derogate from the provisions of section 6 of the Sentencing Act 2002 (which shall apply in respect of proceedings under Part 4 of this Act as if the proving of a charge was a conviction).
(d) (e) 36 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 1 s 4 (3) Where any information is laid in a District Court pursuant to subsection (2)(d) of this section, section 322 of this Act shall apply, with all necessary modiﬁcations, to the proceedings.
(4) Where any proceedings have been taken under Part 2 of this Act in respect of any alleged incident, the age of any child or young person at the date of the alleged incident shall be that person’s age for the purpose of the proceedings.

Compare: 1974 No 72 s 2; 1981 No 113 s 50(4); 1982 No 135 s 2; 1983 No 129 s 2 Subsection (2) was substituted, as from 8 January 1995, by section 2(6) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Subsections (3) and (4) were inserted, as from 8 January 1995, by section 2(6) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsection (2)(e) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting “section 6 of the Sentencing Act 2002” for “section 4 of the Criminal Justice Act 1985”.

See sections 148 to 160 of that Act for the transitional and savings provisions.
See sections 148 to 160 of that Act for the savings and transitional provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

3 4 Act to bind the Crown This Act binds the Crown.
Part 1 General objects, principles, and duties General objects Objects The object of this Act is to promote the well­being of children, young persons, and their families and family groups by— (a) Establishing and promoting, and assisting in the es­ tablishment and promotion, of services and facilities within the community that will advance the wellbeing of children, young persons, and their families and fam­ ily groups and that are— (i) Appropriate having regard to the needs, values, and beliefs of particular cultural and ethnic groups; and 37 Part 1 s 4 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (ii) Accessible to and understood by children and young persons and their families and family groups; and (iii) Provided by persons and organisations sensitive to the cultural perspectives and aspirations of dif­ ferent racial groups in the community: (c) (b) Assisting parents, families, whanau, hapu, iwi, and family groups to discharge their responsibilities to pre­ vent their children and young persons suffering harm, ill­treatment, abuse, neglect, or deprivation: Assisting children and young persons and their parents, family, whanau, hapu, iwi, and family group where the relationship between a child or young person and his or her parents, family, whanau, hapu, iwi, or family group is disrupted: (e) (d) Assisting children and young persons in order to pre­ vent them from suffering harm, ill­treatment, abuse, neglect, and deprivation: Providing for the protection of children and young per­ sons from harm, ill­treatment, abuse, neglect, and de­ privation: Ensuring that where children or young persons commit offences,— (i) (f) They are held accountable, and encouraged to accept responsibility, for their behaviour; and They are dealt with in a way that acknowledges their needs and that will give them the opportun­ ity to develop in responsible, beneﬁcial, and so­ cially acceptable ways: (ii) (g) Encouraging and promoting co­operation between or­ ganisations engaged in providing services for the bene­ ﬁt of children and young persons and their families and family groups.
Compare: 1974 No 72 s 3 38 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 1 s 5 General principles 5 Principles to be applied in exercise of powers conferred by this Act Subject to section 6 of this Act, any Court which, or person who, exercises any power conferred by or under this Act shall be guided by the following principles: (a) The principle that, wherever possible, a child’s or young person’s family, whanau, hapu, iwi, and family group should participate in the making of decisions affecting that child or young person, and accordingly that, wher­ ever possible, regard should be had to the views of that family, whanau, hapu, iwi, and family group: The principle that, wherever possible, the relationship between a child or young person and his or her family, whanau, hapu, iwi, and family group should be main­ tained and strengthened: The principle that consideration must always be given to how a decision affecting a child or young person will affect— (i) (ii) The welfare of that child or young person; and The stability of that child’s or young person’s family, whanau, hapu, iwi, and family group: The principle that consideration should be given to the wishes of the child or young person, so far as those wishes can reasonably be ascertained, and that those wishes should be given such weight as is appropriate in the circumstances, having regard to the age, maturity, and culture of the child or young person: The principle that endeavours should be made to obtain the support of— (i) The parents or guardians or other persons having the care of a child or young person; and The child or young person himself or herself— (ii) to the exercise or proposed exercise, in relation to that child or young person, of any power conferred by or under this Act: The principle that decisions affecting a child or young person should, wherever practicable, be made and 39 (b) (c) (d) (e) (f) Part 1 s 6 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 implemented within a time­frame appropriate to the child’s or young person’s sense of time.
Compare: 1974 No 72 ss 4A to 4C; 1983 No 129 s 3 Welfare and interests of child or young person paramount In all matters relating to the administration or application of this Act (other than Parts 4 and 5 and sections 351 to 360), the welfare and interests of the child or young person shall be the ﬁrst and paramount consideration, having regard to the principles set out in sections 5 and 13 of this Act.
Compare: 1974 No 72 s 4 Section 6 was substituted, as from 8 January 1995, by section 3 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
General duties Duties of chief executive It is the duty of the chief executive to take such positive and prompt action and steps as will in the chief executive’s opinion best ensure— (a) (b) That the objects of this Act are attained; and That those objects are attained in a manner that is con­ sistent with the principles set out in sections 5 and 6 of this Act.
In carrying out the duty imposed by subsection (1) of this sec­ tion, the chief executive shall— (a) Monitor, and advise the Minister on, the effect of social policies and social issues on children, young persons, families, whanau, hapu, iwi, and family groups: Promote— (i) (b) The establishment of services (including social work services, family support services, and com­ munity­based services designed to advance the welfare of children and young persons in the community or the home); and The adoption of policies (including the provision of ﬁnancial support to parents, families, and fam­ ily groups)— (ii) that are designed to provide assistance to children and young persons who lack adequate parental care, or re­ 6 7 (1) (2) 40 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 1 s 7 (ba) (c) (d) (e) (f) quire protection from harm, or need accommodation or social or recreational activities: In relation to child abuse,— (i) Promote, by education and publicity, among members of the public (including children and young persons) and members of professional and occupational groups, awareness of child abuse, the unacceptability of child abuse, the ways in which child abuse may be prevented, the need to report cases of child abuse, and the ways in which child abuse may be reported; and (ii) Develop and implement protocols for agencies (both governmental and non­governmental) and professional and occupational groups in relation to the reporting of child abuse, and monitor the effectiveness of such protocols: Ensure, wherever possible, that all policies adopted by the Department, and all services provided by the De­ partment,— (i) Recognise the social, economic, and cultural values of all cultural and ethnic groups; and (ii) Have particular regard for the values, culture, and beliefs of the Maori people; and (iii) Support the role of families, whanau, hapu, iwi, and family groups; and (iv) Avoid the alienation of children and young per­ sons from their family, whanau, hapu, iwi, and
 family group: Establish and fund Care and Protection Resource Pan­ els: Establish procedures to ensure that the cases of children and young persons in respect of whom action has been taken under this Act are regularly reviewed in order to assess the adequacy and appropriateness of that action: Ensure that persons providing services under this Act receive adequate training and comply with appropriate standards: 41 Part 1 s 8 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (g) Monitor and assess the services provided under this Act by the Department and by other organisations, groups, and individuals.
Compare: 1974 No 72 ss 5, 6 Section 7 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “chief executive” for “Director­General” wherever they appear.

Subsection (2)(ba) was inserted, as from 1 July 1995, by section 4(1) Children, Young Persons, and their Families Amendment Act 1994 (1994 No 121).
Parents and others to be informed of decisions 8 (1) Where any person takes any action, or makes any decision, under this Act that signiﬁcantly affects any child or young per­ son, that person shall ensure that, wherever practicable, the following persons are informed, as soon as practicable, of that action or decision and of the reasons for it: (a) Every person who is a parent or guardian of, or a person having the care of, the child or young person: The child or young person.
(b) It is not necessary to inform a child or young person of any action or decision if— (a) That child or young person is incapable of understand­ ing it; or It is plainly not in the child’s or young person’s interests to be so informed.

(b) The information required by subsection (1) of this section to be given to any person shall be given— (a) (b) Where practicable, in a manner and in language that the Orally and, where practicable, in writing; and person understands.
(2) (3) Interpreters 9 (1) Where— (a) Any Court hears any proceedings under this Act relating to a child or young person; or (b) Any person takes or proposes to take any action under this Act in relation to a child or young person,— 42 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 1 s 10 (2) it is the duty of that Court or, as the case requires, that person to ensure that the requirements of this section are carried out wherever practicable.
The requirements of this section are as follows: (a) That where— (i) The ﬁrst or preferred language of the child or young person is Maori or any other language other than English; or The child or young person is unable, by reason of a physical disability, to understand English,— (ii) (b) the services of an interpreter are provided for the child or young person: That where— (i) The ﬁrst or preferred language of any parent or guardian or other person having the care of the child or young person is Maori or any other lan­ guage other than English; or That parent or guardian or that other person is un­ able, by reason of a physical disability, to under­ stand English,— (ii) the services of an interpreter are provided for that parent or guardian or that other person.
(3) Nothing in this section limits or affects the Maori Language Act 1987.
Duty of Court and counsel to explain proceedings 10 (1) Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before a Family Court or a Youth Court, the Court shall— (a) Explain in a manner and in language that can be under­ stood by the child or young person or other person the nature of the proceedings, including, in the case of pro­ ceedings in a Youth Court, the nature and, where the child or young person or other person is not legally rep­ resented, the legal implications of the allegations; and Satisfy itself that the child or young person or other person understands the proceedings; and (b) 43 Part 1 s 11 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (c) Where the Court makes any order under section 83(1) or section 84 or section 283 of this Act, explain to the child or young person to whom the order relates and to any parent or guardian or other person having the care of the child or young person, in a manner and in language that can be understood by that child or young person or other person,— The nature and requirements of the order: (i) (ii) Any provisions for variation of the order: (iii) The existence of rights of appeal against the order or the ﬁnding on which the order is based.
(2) Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before a Family Court or a Youth Court, the barrister or solicitor representing that child or young person or other person shall— (a) Explain to the person whom that barrister or solicitor represents, in a manner and in language that can be understood by that person, the nature of the proceed­ ings, including, in the case of proceedings in a Youth Court, the nature and legal implications of the allega­ tions; and Satisfy himself or herself that the person whom that bar­ rister or solicitor represents understands the proceed­ ings; and (b) (c) Where the Court makes any order under section 83(1) or section 84 or section 283 of this Act, explain to the person whom that barrister or solicitor represents, in a manner and in language that can be understood by that person, the matters speciﬁed in subparagraphs (i) to (iii) of subsection (1)(c) of this section.
Compare: 1974 No 72 s 40(a); 1983 No 129 s 9 Duty of Court and counsel to encourage and assist child or young person to participate in proceedings Where, in any proceedings under this Act, a child or young person appears before a Family Court or a Youth Court, that Court and the barrister or solicitor representing the child or young person shall, where necessary and appropriate, encour­ 11 44 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 13 12 13 age and assist the child or young person to participate in those proceedings to the degree appropriate to the age and level of maturity of the child or young person.
Duty of medical practitioner to minimise distress to child or young person Every medical practitioner who carries out a medical examin­ ation of any child or young person under any provision of this Act shall carry out that examination in a way that causes the least possible distress to the child or young person.
Part 2 Care and protection of children and young persons Principles Principles Subject to sections 5 and 6 of this Act, any Court which, or person who, exercises any powers conferred by or under this Part or Part 3 or Part 3A or sections 341 to 350 of this Act shall be guided by the following principles: (a) The principle that children and young persons must be protected from harm, their rights upheld, and their wel­ fare promoted: The principle that the primary role in caring for and pro­ tecting a child or young person lies with the child’s or young person’s family, whanau, hapu, iwi, and family group, and that accordingly— (i) A child’s or young person’s family, whanau, hapu, iwi, and family group should be supported, assisted, and protected as much as possible; and Intervention into family life should be the min­ imum necessary to ensure a child’s or young per­ son’s safety and protection: (ii) The principle that it is desirable that a child or young person live in association with his or her family, whanau, hapu, iwi, and family group, and that his or her education, training, or employment be allowed to continue without interruption or disturbance: 45 (b) (c) Part 2 s 13 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (d) Where a child or young person is considered to be in need of care or protection, the principle that, wherever practicable, the necessary assistance and support should be provided to enable the child or young person to be cared for and protected within his or her own family, whanau, hapu, iwi, and family group: The principle that a child or young person should be removed from his or her family, whanau, hapu, iwi, and family group only if there is a serious risk of harm to the child or young person: (e) (f) Where a child or young person is removed from his or her family, whanau, hapu, iwi, and family group, the principles that,— (i) Wherever practicable, the child or young person should be returned to, and protected from harm within, that family, whanau,
 hapu, iwi, and fam­ ily group; and (ii) Where the child or young person cannot imme­ diately be returned to, and protected from harm within, his or her family, whanau, hapu, iwi, and family group, until the child or young person can be so returned and protected he or she should, wherever practicable, live in an appropriate fam­ ily­like setting— (A) That, where appropriate, is in the same locality as that in which the child or young person was living; and In which the child’s or young person’s links with his or her family, whanau, hapu, iwi, and family group are maintained and strengthened; and (B) (iii) Where the child or young person cannot be re­ turned to, and protected from harm within, his or her family, whanau, hapu, iwi, and family group, the child or young person should live in a new family group, or (in the case of a young person) in an appropriate family­like setting, in which he or she can develop a sense of belonging, and in 46 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 14 which his or her sense of continuity and his or her personal and cultural identity are maintained: (g) Where a child or young person cannot remain with, or be returned to, his or her family, whanau, hapu, iwi, and family group, the principle that, in determining the person in whose care the child or young person should be placed, priority should, where practicable, be given to a person— (i) Who is a member of the child’s or young person’s hapu or iwi (with preference being given to hapu members), or, if that is not possible, who has the same tribal, racial, ethnic, or cultural background as the child or young person; and (ii) Who lives in the same locality as the child or young person: (h) Where a child or young person cannot remain with, or be returned to, his or her family, whanau, hapu, iwi, and family group, the principle that the child or young per­ son should be given an opportunity to develop a signiﬁ­ cant psychological
 attachment to the person in whose care the child or young person is placed: (i) Where a child is considered to be in need of care or protection on the ground speciﬁed in section 14(1)(e) of this Act, the principle set out in section 208(g) of this Act.
Compare: 1974 No 72 s 4 Section 13 was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
Deﬁnition of child or young person in need of care or protection 14 Deﬁnition of child or young person in need of care or protection (1) A child or young person is in need of care or protection within the meaning of this Part of this Act if— (a) The child or young person is being, or is likely to be, harmed (whether physically or emotionally or sexu­ ally), ill­treated, abused, or seriously deprived; or 47 Part 2 s 14 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 The child’s or young person’s development or physical or mental or emotional wellbeing is being, or is likely to be, impaired or neglected, and that impairment or neglect is, or is likely to be, serious and avoidable; or Serious differences exist between the child or young person and the parents or guardians or other persons having the care of the child or young person to such an extent that the physical or mental or emotional well­ being of the child or young person is being seriously impaired; or The child or young person has behaved, or is behaving, in a manner that— (i) Is, or is likely to be, harmful to the physical or mental or emotional wellbeing of the child or young person or to others; and The child’s or young person’s parents or guardians, or the persons having the care of the child or young person, are unable or unwill­ ing to control; or (ii) In the case of a child of or over the age of 10 years and under 14 years, the child has committed an offence or offences the number, nature, or magnitude of which is such as to give serious concern for the wellbeing of the child; or The parents or guardians or other persons having the care of the child or young person are unwilling or unable to care for the child or young person; or The parents or guardians or other persons having the care of the child or young person have abandoned the child or young person; or Serious differences exist between a parent, guardian, or other person having the care of the child or young per­ son and any other parent, guardian, or
 other person hav­ ing the care of the child or young person to such an ex­ tent that the physical or mental or emotional wellbeing of the child or young person is being seriously impaired; or The ability of the child or young person to form a sig­ niﬁcant psychological attachment to the person or per­ (b) (c) (d) (e) (f) (g) (h) (i) 48 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 14 sons having the care of the child or young person is be­ ing, or is likely to be, seriously impaired because of the number of occasions on which the child or young person has been in the care or charge of a person (not being a person speciﬁed in subsection (2) of this section) for the purposes of maintaining the child or young person apart from the child’s or young person’s parents or guardians.
The persons referred to in subsection (1)(i) of this section are as follows: (a) Any person who has custody of the child or young per­ son pursuant to the order of any Court, whether or not that Court is a Court within the meaning of this Act: (b) Any person who has the child or young person in that (2) person’s care— (i) Pursuant to an agreement under section 139 or section 140 or section 141 or section 142 of this Act; or For the purpose of adoption, and the require­ ments of section 6 of the Adoption Act 1955 are being complied with: (ii) (c) any person who is caring for the child or young person in— (i) any residential accommodation provided for children or young persons attending a registered school within the meaning of the Education Act 1989: a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.
Compare: 1974 No 72 s 27(2); 1977 No 126 s 7(1) (ii) Subsection (2)(c)(iii) was amended, as from 1 July 1993 pursuant to section 38(3) Health Amendment Act 1993 (1993 No 24) by substituting a reference to the “Ministry of Health” for a reference to the “Department of Health”.
Subsection (2)(c)(iii) was amended, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82) by sub­ stituting “hospital and health service within the meaning of the Health and Dis­ ability Services Act 1993” for “Hospital Board”.
Subsection (2)(c)(iii) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting “or a district health board within the meaning of the New Zealand Public Health and Disability Act 2000” for “an Area Health Board, or a 49 Part 2 s 14A Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 hospital and health service within the meaning of the Health and Disability Services Act 1993”.
Subsection (2)(c)(iv) was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

Subsection (2)(c)(v) was substituted, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).

Subsection (2)(c) was substituted, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.
14A Conduct outside New Zealand For the purposes of this Act, it does not matter whether the conduct constituting a ground referred to in section 14(1) oc­ curred partly or wholly outside New Zealand.

Section 14A was inserted, as from 1 November 1999, by section 2 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
Reporting of child abuse Reporting of ill­treatment or neglect of child or young person Any person who believes that any child or young person has been, or is likely to be, harmed (whether physically, emotion­ ally, or sexually), ill­treated, abused, neglected, or deprived may report the matter to a Social Worker or a member of the Police.
Protection of person reporting ill­treatment or neglect of child or young person No civil, criminal, or disciplinary proceedings shall lie against any person in respect of the disclosure or supply, or the manner of the disclosure or supply, by that person pursuant to section 15 of this Act of information concerning a child or young per­ son (whether or not that information also concerns any other person), unless the information was disclosed or supplied in bad faith.
Section 16 was amended, as from 8 January 1995, by section 5 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by inserting “, or the manner of the disclosure or supply,”.
15 16 50 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 18 17 Investigation of report of ill­treatment or neglect of child or young person (1) Where any Social Worker or member of the Police receives a report pursuant to section 15 of this Act relating to a child or young person, that Social Worker or member of the Police shall, as soon as practicable after receiving the report, under­ take or arrange for the undertaking of such investigation as may be necessary or desirable into the matters contained in the report and shall, as soon as practicable after the investigation has commenced, consult with a Care and Protection Resource Panel in relation to the investigation.
(2) Where, after an investigation under subsection (1) of this section into the matters contained in a report under section 15 of this Act, the Social Worker or member of the Police to whom the report was made reasonably believes that the child or young person to whom the report relates is in need of care or protection, that Social Worker or member of the Police shall, as soon as practicable, notify a Care and Protection Co­ordinator of those matters in accordance with section 18 of this Act.
(3) Where any person receives a report pursuant to section 15 of this Act relating to a child or young person, that person shall, as soon as practicable after— (a) That report is investigated under subsection (1) of this section; or (b) A decision is made not to investigate the report,— unless it is impracticable or undesirable to do so, inform the person who made the report whether or not the report has been investigated and, if so, whether any further action has been taken with respect to it.
Subsection (1) was substituted, as from 8 January 1995, by section 6 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
18 Referral of care or protection cases to Care and Protection Co­ordinator or Youth Justice Co­ordinator by Social Workers or members of the Police (1) Where any Social Worker or member of the Police believes, after inquiry, that any child or young person is in need of care or protection (other than on the ground speciﬁed in section 51 Part 2 s 19 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 14(1)(e) of this Act), that Social Worker or member of the Po­ lice shall forthwith report the matter to a Care and Protection Co­ordinator, who shall convene a family group conference in accordance with section 20 of this Act.
(2) Where any Social Worker suspects that any child is in need of care or protection on the ground speciﬁed in section 14(1)(e) of this Act, that Social Worker may refer the matter to the appro­ priate enforcement agency.
(3) Where any enforcement ofﬁcer believes, after inquiry, that any child is in need of care or protection on the ground speciﬁed in section 14(1)(e) of this Act, that enforcement ofﬁcer shall forthwith report the matter to a Youth Justice Co­ordinator, who after consulting with that enforcement ofﬁcer, and if that enforcement ofﬁcer believes that the making of an application for a declaration under section 67 of this Act in respect of that child is required in the public interest, shall convene a family group conference in accordance with section 247 of this Act.
19 Referral of care or protection cases to Care and Protection Co­ordinator by other persons or by Court (1) Where— (a) After inquiry, any body or organisation (including a Government department or other agency of the Crown, or a local authority) concerned with the welfare of chil­ dren and young persons; or In any proceedings, any Court— (b) believes that any child or young person is in need of care or protection on one or more of the grounds speciﬁed in section 14(1) of this Act, that body, organisation, or Court may refer the matter to a Care and Protection Co­ordinator.
(1A) Every referral pursuant to subsection (1) of this section shall be accompanied by— (a) A statement of the reasons for believing that the child or young person to whom the referral relates is in need of care or protection; and Particulars sufﬁcient to identify any person, body, or organisation that might be contacted to substantiate that belief; and (b) 52 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 19 (c) A statement indicating whether or not the referral is be­ ing made with the consent or knowledge of— (i) The parents or guardians or other persons having the care of the child or young person to whom the referral relates; or The family, whanau, or family group of that child or young person; and (ii) (2) (3) (4) (d) Any recommendation as to the course of action the Care and Protection Co­ordinator might take in respect of the referral.
Every Care and Protection Co­ordinator to whom a case is re­ ferred pursuant to subsection (1) of this section shall, where it appears to that Care and Protection Co­ordinator to be neces­ sary to do so,— (a) Except where paragraph (b) of this subsection applies, convene a family group conference in accordance with section 20 of this Act; or (b) Where the child is believed to be in need of care or pro­ tection on the ground speciﬁed in section 14(1)(e) of this Act, report the matter to the appropriate enforce­ ment agency; or Take such other action as is appropriate in the circum­ stances.
(c) For the purposes of determining whether or not it is necessary to convene a family group conference pursuant to subsection (2)(a) of this section, a Care and Protection Co­ordinator may arrange for a case to be investigated by a Social Worker.
Every Care and Protection Co­ordinator to whom a case is referred pursuant to subsection (1) of this section by a Court shall,— (a) Within 28 days after receiving that referral, furnish to the Court a written report stating— (i) What action (if any) has been taken with respect to the case as a result of the referral; and If any such action has been taken, whether that action has resolved the matter, and, if so, how that matter has been resolved; and (ii) (iii) What further action (if any) is proposed with re­ spect to the case, and, if any such action is pro­ 53 Part 2 s 20 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (b) posed, when that action is likely to be completed; and Subject to paragraph (c) of this subsection, where the report furnished pursuant to paragraph (a) of this sub­ section indicates that further action is proposed with re­ spect to the case, within 28 days of the furnishing of that report, furnish to the Court a written report stating— (i) What progress (if any) has been made with re­ spect to that action; and (ii) When that action is likely to be completed; and (c) Where the report furnished pursuant to paragraph (a) of this subsection indicates that further action is proposed with respect to the case, on the completion of that ac­ tion, furnish to the Court a written report stating whether that action has resolved that matter, and, if so, how that matter has been resolved.
Subsection (1) was amended, as from 8 January 1995, by section 7(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by inserting “on one or more of the grounds speciﬁed in section 14(1) of this Act”.

Subsection (1A) was inserted, as from 8 January 1995, by section 7(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Subsection (4) was inserted, as from 8 January 1995, by section 7(3) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Family group conferences Convening of family group conferences Where, pursuant to this Part of this Act, a Care and Protec­ tion Co­ordinator is authorised or required to convene or re­ convene a family group conference, that Care and Protection Co­ordinator shall, subject to section 21 of this Act, ﬁx the date on which and the time and place at which the conference is to be held.
Care and Protection Co­ordinator to consult family, whanau, or family group on convening of family group conference Every Care and Protection Co­ordinator shall, before conven­ ing any family group conference pursuant to this Part of this Act in respect of any child or young person,— (a) Consult with a Care and Protection Resource Panel; and 20 21 54 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 22 (b) Make all reasonable endeavours to consult with the child’s or young person’s family, whanau, or family group in relation to— (i) The date on which, and the time and place at which, the conference is to be held; and The persons who should attend the conference; and (ii) (iii) The procedure to be adopted at the conference,— and, subject to section 22 of this Act, shall, so far as it is practicable and consistent with the principles of this Act, give effect to the wishes of the child’s or young person’s family, whanau, or family group in relation to those matters.
22 (1) Persons entitled to attend family group conference Subject to subsection (2) of this section, the following per­ sons are entitled to attend a family group conference convened under this Part of this Act: (a) The child or young person in respect of whom the conference is held, unless the Care and Protection Co­ordinator convening the conference is of the opin­ ion that— (i) The attendance of that child or young person would not be in the interests of that child or young person, or would, for any other reason, be undesirable; or The child or young person would be unable, by reason of its age or level of maturity, to under­ stand the proceedings: (ii) (b) Every person who is— (i) A parent or guardian of, or a person having the care of, that child or young person; or (ii) A member of the family, whanau, or family group of the child or young person,— unless the Care and Protection Co­ordinator convening the conference is of the opinion that that person’s at­ tendance would not be in the interests of the child or young person, or would be undesirable for any other reason: 55 Part 2 s 22 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (c) The Care and Protection Co­ordinator who is convening the conference, or any Care and Protection Co­ordinator who is acting for that person: (d) Where the conference has been convened on the basis of a report under section 18(1) of this Act from a Social Worker or a member of the Police, that Social Worker or member of the Police, or any Social Worker or member of the Police who is acting for that person: (e) Where the conference has been convened on the basis of a referral of a matter under section 19(1)(a) of this Act by any body or organisation, a representative of that body or organisation: (f) Where the conference has been convened or recon­ vened, for the purposes of section 145 of this Act, in respect of a child or young person, a representative of the person who has the care of that child or young person pursuant to an agreement to
 which that section applies, or who it is proposed should have the care of that child or young person pursuant to such an agree­ ment: If the child or young person is under the guardianship of the Court under the Care of Children Act 2004, any person appointed as agent for the Court under that Act, or any representative of that person: (g) (h) Any barrister or solicitor or lay advocate representing (i) the child or young person: Any person whose attendance at that conference is in accordance with the wishes of the family, whanau, or family group of the child or young person as expressed under section 21 of this Act.
(2) No person to whom paragraph (c) or paragraph (d) or para­ graph (e) or paragraph (f) or paragraph (h) of subsection (1) of this section applies is entitled to be present at any family group conference during any discussions or deliberations held among the members of the family, whanau, or family group of the child or young person in respect of whom the conference is held, unless those members request any such person to be present.
56 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 24 23 (1) (2) 24 (1) Subsection (1)(g) was substituted, as from 3 June 1998, by section 8 Guardian­ ship Amendment Act 1998 (1998 No 48).

See section 7 of that Act as to the transitional provision relating to appeals from the Family to appeals from the Family Court to the High Court.
Subsection (1)(g) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “Care of Children Act 2004” for “Guardianship Act 1968”.
Care and Protection Co­ordinator to ensure that relevant information and advice made available to family group conference Every Care and Protection Co­ordinator who convenes a fam­ ily group conference under this Part of this Act shall take all reasonable steps to ensure that all information and advice re­ quired by the conference to carry out its functions are made available to the conference.
Subject to section 22 of this Act, where it is appropriate for any person (including a member of a Care and Protection Re­ source Panel) to attend a family group conference for the pur­ pose of conveying to that conference any information or ad­ vice required by the conference to carry out its functions, that person may attend that conference for that purpose, but may otherwise attend the conference only with the agreement of the conference.
Care and Protection Co­ordinator to ascertain views of persons unable to attend family group conference Every Care and Protection Co­ordinator who convenes a fam­ ily group conference under this Part of this Act shall take all reasonable steps to ascertain the views of the following per­ sons in relation to the matters to be considered at the confer­ ence: (a) Any person who is excluded from attendance at the con­ ference pursuant to paragraph (a)(i) or paragraph (b) of section 22(1) of this Act: (b) Any person who is entitled to attend the conference but who has notiﬁed the Care and Protection Co­ordinator that he or she or it is unable, for any reason, to do so.
(2) Where, in respect of any family group conference, a Care and Protection Co­ordinator ascertains the views of any person 57 Part 2 s 25 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 pursuant to subsection (1) of this section, that Co­ordinator shall ensure that those views are made known at that confer­ ence.
25 (1) Notiﬁcation of convening of family group conference Subject to subsection (2) of this section, every Care and Pro­ tection Co­ordinator who convenes a family group conference under this Part of this Act shall take all reasonable steps to en­ sure that notice of the date on which, and the time and place at which, the conference is to be held is given to every person who is entitled to attend that conference.
(3) (2) No notice is required to be given pursuant to subsection (1) of this section to any person whose whereabouts cannot, after reasonable enquiries, be ascertained.

Every notice required by subsection (1) of this section shall be given a reasonable time before the conference is to be held.
Failure to notify any person in accordance with this section shall not affect the validity of the proceedings of a family group conference unless it is shown that the failure is likely to have materially affected the outcome of that conference.

(4) Procedure at family group conference Subject to this Part of this Act, a family group conference may regulate its procedure in such manner as it thinks ﬁt.
Subject to section 5(f) of this Act, a family group conference may from time to time be adjourned to a time and place deter­ mined by the conference.

Department to provide administrative services to family group conference The Department shall provide such administrative services as may be necessary to enable a family group conference to dis­ charge its functions.
Functions of family group conference The functions of a family group conference convened under this Part of this Act are as follows: 26 (1) (2) 27 28 58 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 30 (a) To consider, in relation to the child or young person in respect of whom the conference was convened, such matters relating to the care or protection of that child or young person as the conference thinks ﬁt: (b) Where the conference considers that the child or young person in respect of whom it was convened is in need of care or protection, to make such decisions or recom­ mendations, and to formulate such plans, in relation to that child or young person as the conference considers necessary or desirable, having regard to the principles set out in sections 5, 6, and 13 of this Act: To review from time to time— (i) (c) The decisions and recommendations made, and the plans formulated, by that conference: The implementation of any such decisions, rec­ ommendations, and plans.
(ii) 29 Family group conference may make decisions and recommendations and formulate plans (2) (1) A family group conference convened under this Part of this Act may make such decisions and recommendations and for­ mulate such plans as it considers necessary or desirable in re­ lation to the care or protection of the child or young person in respect of whom the conference was convened.
In making such decisions and recommendations and formulat­ ing such plans, the conference shall have regard to the princi­ ples set out in sections 5, 6, and 13 of this Act.

Every Care and Protection Co­ordinator who convenes a fam­ ily group conference shall cause to be made a written record of the details of the decisions and recommendations made, and the plans formulated, by that conference pursuant to this sec­ tion.
(3) 30 Care and Protection Co­ordinator to seek agreement to decisions, recommendations, and plans of family group conference (1) Where a family group conference makes any decision or recommendation, or formulates any plan, pursuant to section 29(1) of this Act or subsection (4) of this section, the Care 59 Part 2 s 30 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (ii) (ii) and Protection Co­ordinator who convened that conference shall,— (a) Where the conference was convened under section 18(1) of this Act on the basis of a report from a Social Worker or a member of the Police,— (i) Communicate that decision, recommendation, or plan to that Social Worker or member of the Po­ lice (or any person acting for that Social Worker or that member of the Police), and to every person who will be directly involved in the implemen­ tation of the decision, recommendation, or plan; and Seek the agreement of that Social Worker or member of the Police (or any person acting for that Social Worker or that member of the Police), and of every other person to whom that decision, recommendation, or plan is communicated pur­ suant to subparagraph (i) of this paragraph, to that decision, recommendation, or plan: (b) Where the conference was convened under section 19(2)(a) of this Act on the basis of a referral from any body, organisation, or Court,— (i) Communicate that decision, recommendation, or plan to that body, organisation, or Court, and to every person who will be directly involved in the implementation of that decision, recommenda­ tion, or plan; and Seek the agreement of that organisation or body, and of every other person (other than a Court) to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i) of this paragraph, to that decision, recommenda­ tion, or plan.
(2) Where, pursuant to paragraph (a)(i) or paragraph (b)(i) of sub­ section (1) of this section, a Care and Protection Co­ordinator meets with any person, body, organisation, or Court for the purpose of communicating to that person, body, organisation, or Court any decision, recommendation, or plan made or for­ mulated by a family group conference, the Care and Protection 60 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 31 Co­ordinator may be accompanied by a person nominated by that family group conference.
(3) Where a Care and Protection Co­ordinator is unable to se­ cure agreement, under subsection (1) of this section, to a deci­ sion, recommendation, or plan made or formulated by a fam­ ily group conference, the Care and Protection Co­ordinator may, for the purpose of enabling that conference to reconsider that decision, recommendation, or plan, reconvene that con­ ference.
(4) Any family group conference reconvened under subsection (3) of this section may conﬁrm, rescind, or modify its previous decision, recommendation, or plan, or rescind its previous de­ cision, recommendation, or plan and make or formulate a new decision, recommendation, or plan.
(5) Any decision, recommendation, or plan conﬁrmed or modi­ ﬁed under subsection (4) of this section, and any new deci­ sion, recommendation, or plan made or formulated under that subsection, shall be deemed to have been made or formulated pursuant to section 29 of this Act.
Procedure where no agreement possible 31 (1) Where— (a) The members of a family group conference are unable to agree on what decisions, recommendations, or plans should be made in relation to the child or young person in respect of whom the conference was convened; or (b) A Care and Protection Co­ordinator is unable to secure agreement under section 30 of this Act to the decisions, recommendations, and plans made or formulated by a family group conference,— the Care and Protection Co­ordinator who convened the con­ ference— (c) Shall,— (i) Where the conference was convened under sec­ tion 18(1) of this Act on the basis of a report from a Social Worker or a member of the Police, make a report on the matter to that Social Worker or member of the Police; or 61 Part 2 s 32 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (ii) In any other case, report the matter to a Social Worker: Shall, where proceedings have been commenced under this Act in any Court in relation to the child or young person in respect of whom the conference was con­ vened, report the matter to that Court: Shall, in every case, consult with a Care and Protection Resource Panel.
(d) (e) (2) Where a Care and Protection Co­ordinator makes a report, under subsection (1)(c)(i) or (ii) of this section, to any Social Worker or member of the Police, that Social Worker or mem­ ber of the Police may take such action under this Act as that person considers appropriate.
32 (1) Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons Every Care and Protection Co­ordinator who convenes a fam­ ily group conference under this Part of this Act shall ensure that a copy of every record made pursuant to section 29(3) of this Act in relation to that conference is given or sent to— (a) The child or young person in respect of whom the con­ ference was convened, unless the child or young person would be unable, by reason of its age or level of matur­ ity, to understand the contents of the record; and Every person who is a parent or guardian of that child or young person or has the care of that child or young person; and Any barrister or solicitor or lay advocate representing the child or young person; and (b) (c) (d) Any other person who is or will be directly affected by any decision, recommendation, or plan detailed in that record; and (e) Where there is an appropriate Iwi Social Service or Cul­ tural Social Service with respect to the child or young person, that Social Service; and The appropriate Care and Protection Resource Panel.
(f) (2) Where any child or young person is the subject of any pro­ ceedings under this Act before any Court, a copy of the record 62 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 34 made pursuant to section 29(3) of this Act in respect of any family group conference held in relation to that child or young person shall be made available to that Court.
Subsection (1)(e) was substituted, as from 8 January 1995, by section 46 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

33 (1) (2) Department to maintain records of proceedings of family group conferences Every written record made pursuant to section 29(3) of this Act in relation to a family group conference shall be kept at the District Ofﬁce of the Department nearest to where the con­ ference is held.
The following persons shall have access to any such record: (a) Any person to whom a copy of that record is required to be sent pursuant to section 32 of this Act: Any Social Worker: (b) Any Care and Protection Co­ordinator: (c) (d) Any other person who, in the opinion of a Care and Pro­ tection Co­ordinator, has a genuine and proper interest in the matter.

(3) Nothing in this section limits or affects the Ofﬁcial Information Act 1982.
34 (1) (2) Chief Executive to give effect to decisions, recommendations, and plans of family group conference The chief executive shall consider every decision, recommen­ dation, or plan that is made or formulated by a family group conference pursuant to this Part of this Act (other than a de­ cision, recommendation, or plan to which the agreement of a Social Worker is not secured under section 30 of this Act), and, unless it is clearly impracticable or clearly inconsistent with the principles set out in sections 5, 6, and 13 of this Act, shall give effect to that decision, recommendation, or plan by the provision of such services and resources, and the taking of such action and steps, as are necessary and appropriate in the circumstances of the particular case.
The chief executive may, from time to time, make such grants or provide such ﬁnancial assistance as may be necessary to give effect to any decision, recommendation, or plan made or 63 Part 2 s 35 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 35 formulated by a family group conference pursuant to this Part of this Act.
Section 34 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Police to comply with decisions, recommendations, and plans of family group conference Where— (a) Any decision, recommendation, or plan is made or for­ mulated by a family group conference; and (c) (b) Agreement to that decision, recommendation, or plan has been secured under section 30 of this Act; and The implementation of that decision, recommendation, or plan involves any action on the part of the Police,— unless it is clearly impracticable or clearly inconsistent with the principles set out in sections 5, 6, and 13 of this Act to do so, it is the duty of the Police to give effect to that decision, recommendation, or plan by the taking of such action and steps as are necessary and appropriate in the circumstances of the particular case.
36 Family group conference may reconvene to review its decisions, recommendations, and plans (1) Where any decision, recommendation, or plan is made or for­ mulated by a family group conference pursuant to this Part of this Act, the Care and Protection Co­ordinator who convened that conference may from time to time, at that Co­ordinator’s own motion or at the request of at least 2 members of that con­ ference, reconvene that conference for the purpose of review­ ing that decision, recommendation, or plan.
Sections 20 to 35 of this Act shall apply, with all necessary modiﬁcations, with respect to every family group conference reconvened under this section.

(2) 37 Proceedings of family group conference privileged (1) No evidence shall be admissible in any Court, or before any person acting judicially, of any information, statement, or ad­ 64 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 39 mission disclosed or made in the course of a family group con­ ference.
(2) Nothing in subsection (1) of this section applies to a record made by a Care and Protection Co­ordinator under section 29(3) of this Act.

38 (1) Proceedings of family group conference not to be published Subject to subsection (2) of this section, no person shall pub­ lish any report of the proceedings of any family group confer­ ence.
(2) Nothing in subsection (1) of this section applies to the publi­ cation of— (a) (b) Statistical information relating to family group confer­ ences: The results of any bona ﬁde research relating to family group conferences.
(3) (4) In no case shall it be lawful to publish, in any report of the proceedings of any family group conference, any particulars that are identiﬁable by any person (other than the person to whom those particulars relate) as particulars relating to any particular person who was the subject of, or a participant in, that family group conference.
Every person who contravenes subsection (1) or subsection (3) of this section commits an offence and is liable on summary conviction,— (a) In the case of an individual, to a ﬁne not exceeding $2,000: In the case of a body corporate, to a ﬁne not exceeding $10,000.
(b) Powers to remove child or young person Place of safety warrants 39 (1) Any District Court Judge or, if no District Court Judge is avail­ able, any Justice or any Community Magistrate or any Regis­ trar (not being a member of the Police), who, on application in writing made on oath, is satisﬁed that there are reasonable grounds for suspecting that a child or young person is suffer­ 65 Part 2 s 40 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 ing, or is likely to suffer, ill­treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising any member of the Police or a Social Worker, either by name or generally, to search for the child or young person.
(2) An application for a warrant under subsection (1) of this section may be made by a member of the Police or a Social Worker.
(3) Any person authorised by warrant under this section to search (b) for any child or young person may— (a) Enter and search, by force if necessary, any dwelling­ house, building, aircraft, ship, carriage, vehicle, premises or place: If that person believes, on reasonable grounds, that the child or young person has suffered, or is likely to suf­ fer, ill­treatment, serious neglect, abuse, serious depri­ vation, or serious harm,— (i) Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or (4) Where any direction is issued pursuant (ii) Where the child or young person is in a hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.
to subsection (3)(b)(ii) of this section in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the chief executive pursuant to this section.

Compare: 1974 No 72 s 7(1)­(3) Sections 39(1) and 40(1) were amended, as from 30 June 1998, by section 7 Dis­ trict Courts Amendment Act 1998 (1998 No 76), by inserting “or any Commu­ nity Magistrate”.
Subsections (3) and (4) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
40 Warrant to remove child or young person (1) Where an application for a declaration under section 67 of this Act has been made in respect of a child or young person, any District Court Judge or, if no District Court Judge is available, any Justice or any Community Magistrate or any Registrar (not 66 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 40 (b) being a member of the Police), may, on application in writing made on oath, where there are reasonable grounds for believ­ ing that the child or young person is— (a) Suffering, or is likely to suffer, ill­treatment, serious neglect, abuse, serious deprivation, or serious harm; or So seriously disturbed as to be likely— (i) To act in a manner harmful to the child or young person or any other person; or (ii) To cause serious damage to property,— issue a warrant authorising any member of the Police or a Social Worker, either by name or generally, to search for the child or young person.
(2) An application for a warrant under subsection (1) of this section may be made by a member of the Police or a Social Worker.

The alleged commission of an offence shall not of itself be sufﬁcient grounds for the issue of a warrant under this section.
(4) Any person authorised by warrant under this section to search (3) for any child or young person may— (a) Enter and search, by force if necessary, any dwelling­ house, building, aircraft, ship, carriage, vehicle, premises or place: Either— (i) Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or (b) (5) Where any direction is issued pursuant (ii) Where the child or young person is in a hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.
to subsection (4)(b)(ii) of this section in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the chief executive pursuant to this section.

Compare: 1974 No 72 s 28(1)­(3) Sections 39(1) and 40(1) were amended, as from 30 June 1998, by section 7 Dis­ trict Courts Amendment Act 1998 (1998 No 76), by inserting “or any Commu­ nity Magistrate”.
67 Part 2 s 41 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Subsections (4) and (5) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
41 Person executing warrant to produce evidence of authority and identity [Repealed] Section 41 was repealed, as from 2 September 1996, by section 2(2) Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).
Search without warrant 42 (1) Any member of the Police who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,— (a) Enter and search, by force if necessary, any dwelling­ ship, carriage, vehicle, house, building, aircraft, premises or place: Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.
(b) (2) Every member of the Police who exercises any powers con­ ferred by subsection (1) of this section shall, on ﬁrst entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and if requested, at any subsequent time,— (a) (b) Disclose that those powers are being exercised under Produce evidence of identity; and this section.
(3) A member of the Police who exercises the power conferred by subsection (1) of this section shall, within 3 days after the day on which the power is exercised, forward to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.
Compare: 1974 No 72 s 8 Subsection (1)(b) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
68 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 44 43 (1) (2) Placement of child or young person placed in custody of chief executive Subject to subsection (2) of this section, where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42 of this Act, the chief executive may place the child or young person with— (a) (b) Any other person who previously had the care of the A parent or guardian of the child or young person; or (c) child or young person; or Any member of the child’s or young person’s family, whanau, or family group; or (d) Any person approved by a Social Worker.
If it is not practicable or appropriate to place the child or young person with any of the persons speciﬁed in any of paragraphs (a) to (d) of subsection (1) of this section, the chief executive may place the child or young person in a residence.

(3) Where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42 of this Act, the chief executive may, at any time, release the child or young person from that custody.
Section 43 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
44 Parent or guardian may apply for release of or access to child or young person (1) Where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42 of this Act, any parent or guardian or other person previ­ ously having the care of the child or young person may apply to the Court for the release of that child or young person, or for access to that child or young person while he or she is in the custody of the chief executive, and the Court may make any order that it is empowered to make under section 46 of this Act.
(2) An application may be made under subsection (1) of this sec­ tion at any time before the child or young person is released from the custody of the chief executive or is brought before the Court in accordance with section 45 of this Act.
69 Part 2 s 45 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Section 44 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Child or young person placed in custody of chief executive to be brought before Court within 5 days unless sooner released A child or young person who is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42 of this Act— (a) Shall be brought before the Court not later than the 5th day after the date on which that child or young person is so placed, unless, before that day,— (i) The child or young person is released from that custody; or (ii) An order is made under section 78 of this Act with respect to the custody of that child or young person: (b) May be kept in the custody of the chief executive until the child or young person is brought before the Court in accordance with paragraph (a) of this section, or for such further period as may be directed by a Family Court Judge.
Section 45 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Powers of Court where application made under section 44 or child or young person brought before Court under section 45 Where an application is made to the Court under section 44 of this Act, or a child or young person is brought before the Court pursuant to section 45 of this Act, the Court may— (a) Make an order— (i) (ii) Directing that the child or young person be re­ leased from custody; and subject to any order in force under the Care of Children Act 2004 and relating to who has the role of providing day­to­day care for the child or young person, directing that the role of providing 45 46 70 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 47 (b) day­to­day care for the child or young person be exercised by any person the Court thinks ﬁt: If an application for a declaration under section 67 of this Act has been made in respect of the child or young person, make an order under section 78 of this Act relat­ ing to the custody of the child or young person pending the determination of the application: (c) Make any order that it is empowered to make under section 121 of this Act.
Paragraph (a)(ii) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).
47 Social Worker or member of Police to furnish report to Commissioner where child or young person released before required to be brought before Court (1) Where— (a) (b) A child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42 of this Act; and The child or young person is released from that custody before the child or young person is required by section 45(a) of this Act to be brought before the Court,— the Social Worker or member of the Police who placed the child or young person in that custody shall, as soon as prac­ ticable after the release of the child or young person, send to the Commissioner a report containing the details required by subsection (2) of this section.
The details to be included in a report required by subsection (1) of this section in relation to the placing of a child or young person in the custody of the chief executive are as follows: (a) Where the child or young person was placed in the cus­ tody of the chief executive pursuant to a warrant issued under section 39 or section 40 of this Act, the grounds on which that warrant was issued and the reasons why the child or young person was so placed: (b) Where the child or young person was placed in the cus­ tody of the chief executive pursuant to section 42 of this Act, the reasons why the child or young person was so placed: 71 (2) Part 2 s 48 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (c) Where and with whom the chief executive placed the child or young person while the child or young person was in the chief executive’s custody: (e) (d) Whether a medical examination of the child or young person was carried out pursuant to section 53 of this Act, and, if so, the ﬁndings of that examination: The reason for releasing the child or young person from the custody of the chief executive: The details of any further action that the Social Worker or member of the Police has taken, or is proposing to take, in relation to the child or young person.
(f) Section 47 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Unaccompanied children and young persons 48 (1) Where a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person in a situation in which the child’s or young person’s physical or mental health is being, or is likely to be, impaired, a member of the Police may, using such force as may reasonably be necessary, take the child or young person and— (a) With the consent of the child or young person, deliver the child or young person into the custody of a parent or guardian or other person usually having the care of the child or young person; or If— (i) (b) The child or young person does not wish to be returned to a parent or guardian or other person having the care of the child or young person; or (ii) No parent or guardian or other such person is willing or able to have custody of the child or young person,— place the child or young person in the custody of the chief executive by delivering the child or young person to a Social Worker.
Placement of a child or young person in the custody of the chief executive shall be sufﬁcient authority for the detention of (2) 72 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 49 the child or young person by a Social Worker or in a residence under this Act until— (a) The child or young person agrees to being returned to a parent or guardian or other person usually having the care of the child or young person who is willing to have the care of the child or young person; or (b) An application is made to the Court for a declaration under section 67 of this Act and the child or young per­ son is brought before the Court for the purpose of deter­ mining whether the child or young person is to be held in custody pending the disposal of the application; or (c) Where the circumstances of the case indicate that the child or young person is, or may be, in need of care or protection, the expiry of 5 days after the day on which the child or young person was placed in custody, or in any other case, 3 days after that date— whichever ﬁrst occurs.
In subsections (1) and (2) of this section the term young per­ son means a person of or over the age of 14 years but under the age of 17 years.

Compare: 1974 No 72 s 12; 1981 No 113 s 50; 1982 No 135 s 4 Section 48 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Subsection (3) was amended, as from 8 January 1995, by section 8 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “17” for “16”.
(3) Medical examination of child or young person 49 Court may order medical examination of child or young person (1) Where the Court is satisﬁed— (a) (b) That there are reasonable grounds for suspecting that a child or young person is suffering ill­treatment, abuse, neglect, deprivation, or serious harm; and That it is expedient that a medical examination of that child or young person be carried out for the purpose of determining whether that suspicion is well­founded,— the Court may order the child or young person to attend for a medical examination by a medical practitioner.
73 Part 2 s 50 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (4) (3) (2) An application for an order under subsection (1) of this section may be made by a Social Worker or a member of the Police.

Every application for an order under subsection (1) of this sec­ tion shall be served on the barrister or solicitor representing the child or young person and on such other persons as the Court directs.
The following persons shall be entitled to appear and be heard on the hearing of an application under this section: (a) (b) Any person on whom the application is served: (c) With the leave of the Court, any other person.

Subsection (1) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting “registered”.

See sections 178 to 227 of that Act as to the transitional provisions.
The applicant: Ex parte application for order for medical examination 50 (1) An order may be made under section 49 of this Act on an ex parte application if the Court is satisﬁed— (a) That the delay that would be caused by proceeding on notice would or might entail risk to the personal safety of the child or young person who is the subject of the application; or That proceeding on notice would be likely to prejudice investigations into whether the child or young person is in need of care or protection.
(b) (2) No order may be made under section 49 of this Act on an ex parte application unless the barrister or solicitor representing the child or young person has been given an opportunity to be heard.

(3) Where an order is made under section 49 of this Act on an ex parte application, any person affected by the order may apply at any time for a variation or discharge of the order.
Court may impose conditions on order for medical examination Any order under section 49 of this Act may be made on such terms and conditions as the Court thinks ﬁt, including restric­ tions on the nature of the medical examination that may be 51 74 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 53 carried out and the procedures that may be used to carry out that examination.
52 Medical practitioner to prepare report on examination (1) Every medical practitioner who carries out a medical exam­ ination of a child or young person pursuant to an order under section 49 of this Act shall forthwith prepare a written report of the results of that examination and shall supply that report to the Court.
(2) A copy of every report supplied to the Court pursuant to sub­ section (1) of this section shall be given by the Registrar to— Every person entitled to appear and be heard on the ap­ (a) plication to which the report relates: (b) Any other person whom the Court considers has a proper interest in receiving a copy of the report.
53 Medical examination of child or young person at request (1) of Social Worker This section applies to any child or young person— (a) In respect of whom a warrant has been issued under section 39 of this Act; or (b) Who is placed in the custody of the chief executive under that section or under section 40 or section 42 of this Act.
(2) A Social Worker may, with the consent of any parent or guardian of the child or young person, arrange for any child or young person to whom this section applies to be medically examined by a medical practitioner.
(3) Where, after making reasonable efforts to do so, a Social Worker does not obtain the consent of a parent or guardian of a child or young person to a medical examination under subsection (2) of this section, a Social Worker may require the child or young person to be medically examined by a medical practitioner.
Subsection (1)(b) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.

Subsections (2) and (3) were amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by 75 Part 2 s 54 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 omitting “registered”.
See sections 178 to 227 of that Act as to the transitional provisions.
54 Child or young person entitled to have adult present Every child or young person who is medically examined under section 53 of this Act is entitled to have present during that examination one adult— (a) Who is nominated for that purpose by that child or young person or, if the age or level of maturity of the child or young person makes it impracticable for him or her to make such a nomination, by a Social Worker; and (b) Who consents to be present.
55 Restrictions on internal examinations and examinations under general anaesthetic (1) No medical examination carried out under section 53 of this Act shall include any internal examination of the genitals or anus of any child or young person unless— (a) The medical practitioner carrying out the examination believes that the child or young person may have been subject to recent physical or sexual abuse involving ei­ ther or both of those parts of the body; and The child or young person consents to such an examin­ ation of that part of the body.
(b) (2) No medical examination carried out under section 53 of this Act shall include any medical procedure that involves the ad­ ministration of a general anaesthetic to the child or young per­ son.

(3) Nothing in subsection (1)(b) of this section requires the con­ sent of any child or young person to any examination if the age or level of maturity of the child or young person makes it impracticable to obtain such consent.
56 Medical practitioner to prepare report on examination Every medical practitioner who carries out a medical examin­ ation of a child or young person under section 53 of this Act shall forthwith prepare a written report of the results of that examination and shall supply that report to the Social Worker 76 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 59 57 58 59 (1) by whom the examination was arranged or required, as the case may be.
Social Worker to make report to chief executive A Social Worker who exercises the power under section 53(3) of this Act to require a medical examination to be carried out shall, within 3 days after the day on which that examination is carried out, forward to the chief executive a written report on the exercise of that power and the circum­ stances in which it came to be exercised.
Section 57 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Fees for reports prepared under section 52 or section 56 Where any person prepares a report pursuant to section 52 or section 56 of this Act, the fees and expenses of that person shall be paid— (a) Out of money appropriated by Parliament for the pur­ pose; or If the Court so decides, by such party or parties to the proceedings as the Court may order.
(b) Production of documents relevant to investigation Application for production of documents relevant to investigation of whether child or young person in need of care or protection Subject to subsection (4) of this section, where— (a) Any Social Worker or member of the Police believes, on reasonable grounds, that any person has in that per­ son’s possession, custody, or power any document that contains, or that the Social Worker or member of the Po­ lice considers is likely to contain, information necessary or relevant for the purpose of determining whether any child or young person is in need of care or protection (other than on the ground speciﬁed in section 14(1)(e) of this Act); and 77 Part 2 s 60 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (b) That person has refused to allow that document to be inspected by that Social Worker or member of the Po­ lice,— (2) that Social Worker or member of the Police may apply to the Court for an order requiring that person to produce that docu­ ment for inspection by that Social Worker or member of the Police.
Subject to section 60 of this Act, notice of an application under subsection (1) of this section for an order for the production of a document shall be given by the applicant to the person in respect of whom the order is sought and to such other person or persons as the Court directs.

The applicant and every person to whom notice of an applica­ tion under subsection (1) of this section is given shall be en­ titled to appear and be heard on the hearing of the application.
(4) Nothing in subsection (1) of this section applies in respect of any document the production of which would breach legal pro­ fessional privilege.

(3) 60 Ex parte application for order for production of document (1) An order may be made under section 61 of this Act on an ex parte application if the Court is satisﬁed that proceeding on notice would be likely to prejudice investigations into whether a child or young person is in need of care or protection.
(2) Where an order is made under section 61 of this Act on an ex parte application, the person in respect of whom the order is made, or any other person affected by the order, may apply at any time for a variation or discharge of the order.
Court may order document to be produced 61 (1) Where an application is made under section 59 of this Act for the production of any document, and the Court is satisﬁed that the document contains information necessary or relevant for the purpose of determining whether any child or young person is in need of care or protection (other than on the ground spe­ ciﬁed in section 14(1)(e) of this Act), the Court may, subject to section 59(4) of this Act, order the person named in the ap­ plication as the person who has the document in that person’s 78 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 63 (2) (3) 62 (1) (2) 63 possession, custody, or power to produce that document for inspection by the applicant.
The Court may inspect any document for the purpose of de­ termining whether to make an order under this section for the production of that document, and for that purpose may order that document to be produced to the Court.

Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $2,000 who, being a person who is ordered pursuant to this section to produce any docu­ ment, refuses or fails to comply with that order.
Section 61 to apply notwithstanding any enactment or rule of law Subject to section 59(4) of this Act, section 61 of this Act applies notwithstanding any enactment, or any rule of law, that obliges any person to maintain secrecy in relation to, or not to disclose, any matter, and any compliance with that section is not a breach of the relevant obligation of secrecy or non­ disclosure or of the enactment or rule of law by which that obligation is imposed.
Subject to section 59(4) of this Act, no person shall be excused from producing any document under section 61 of this Act— On the ground that the production of that document (a) could or would tend to incriminate that person or sub­ ject that person to any penalty or forfeiture; or (b) On the ground of any other privilege that could other­ wise be claimed by that person in relation to the produc­ tion of the document in any proceedings in a Court.
Right to remove, retain, and make copies of document produced under section 61 A Social Worker or member of the Police to whom a document is produced for inspection under section 61 of this Act may— Remove and retain that document for so long as is ne­ (a) cessary for a full inspection of that document: (b) Make copies of that document.
79 Part 2 s 64 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 64 Document produced under section 61 not to be used for any other purpose (1) A Social Worker or member of the Police to whom a document is produced for inspection under section 61 of this Act— (a) Shall make use of that document, and any copy of that document taken pursuant to section 63(b) of this Act, only for the purposes of this Part of this Act; and Except for the purposes of this Part of this Act, shall not disclose that document, or any copy of that document taken pursuant to section 63(b) of this Act, to any other person.
(b) (2) Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $2,000 who contravenes subsection (1) of this section.
Use of documents in subsequent proceedings 65 (1) No document produced, pursuant to an order under section 61 of this Act, to any Social Worker or member of the Police shall be admissible as evidence in any proceedings under this Act or any other Act if, but for the provisions of section 62 of this Act, that document could not, by virtue of any enactment, rule of law, or privilege, have been ordered to be so produced.
(2) No document or information shall be privileged from being given in evidence in any proceedings under this Act or any other Act, and no objection to the admissibility of any docu­ ment or information in any such proceedings shall be upheld, merely because the document or information was obtained as a result of the production of any document pursuant to an order under section 61 of this Act.
Government Departments may be required to supply information Every Government Department, agent, or instrument of the Crown and every statutory body shall, when required, supply to every Care and Protection Co­ordinator, Social Worker, or member of the Police such information as it has in its posses­ sion relating to any child or young person where that informa­ tion is required— 66 (1) 80 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 69 (a) (b) For the purposes of determining whether that child or young person is in need of care or protection (other than on the ground speciﬁed in section 14(1)(e) of this Act); or For the purposes of any proceedings under this Part of this Act.
(2) No information obtained pursuant to subsection (1) of this sec­ tion— (a) (b) Shall be used for the purposes of investigating any of­ fence: Shall be admissible as evidence in any proceedings other than proceedings under this Part of this Act.

(3) Nothing in subsection (1) of this section limits or affects the Ofﬁcial Information Act 1982.
67 68 Proceedings in respect of children and young persons in need of care or protection Grounds for declaration that child or young person is in need of care or protection A Court may, on application, where it is satisﬁed on any of the grounds speciﬁed in section 14(1) of this Act that a child or young person is in need of care or protection, make a dec­ laration that the child or young person is in need of care or protection.
Compare: 1974 No 72 s 27(2); 1977 No 126 s 7(1) Application for declaration that child or young person is in need of care or protection An application for a declaration that a child or young person is in need of care or protection may be made by— (a) A Social Worker; or (b) A member of the Police; or (c) With the leave of the Court, any other person.
Compare: 1974 No 72 s 27(1) 69 Joint applications An application for a declaration that a child or young person is in need of care or protection may be made jointly by a Social 81 Part 2 s 70 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Worker or member of the Police and a parent or guardian or other person having the care of the child or young person.
No application to be made unless family group conference has been held Subject to subsection (2) of this section, no application for a declaration that a child or young person is in need of care or protection may be made unless a family group conference has been held under this Part of this Act (or, in the case of an application on the ground speciﬁed in section 14(1)(e) of this Act, under Part 4 of this Act) in relation to the matter that forms the ground on which the application is made.
Subsection (1) of this section does not apply where— (a) The child or young person in respect of whom the ap­ plication is made has been placed in the custody of the chief executive under section 39 or section 42 of this Act; or The applicant believes that the interests of the child or young person in respect of whom the application is made require that an interim restraining order be granted as a matter of urgency, and an application for such an order is made at the same time as the applica­ tion; or (b) (ba) An application for a custody order under section 78 of this Act is made at the same time as the application, and the applicant believes,— (i) Where the application is made on the ground spe­ ciﬁed in section 14(1)(e) of this Act,— (A) That it is not possible to make suitable al­ ternative arrangements for the custody of the child in respect of whom the applica­ tion is made pending the determination of the application; or That it is in the public interest that the child be held in custody pending the determin­ ation of the application: (B) In any other case, that the interests of the child or young person in respect of whom the applica­ (ii) 70 (1) (2) 82 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 71 tion is made require that such a custody order be granted as a matter of urgency; or (c) The application is made on the ground speciﬁed in sec­ tion 14(1)(g) of this Act and, after reasonable enquiries, it is not possible to ascertain the whereabouts of any member of the family, whanau, or family group of the child or young person to whom the application relates.
(3) Where, pursuant to any of paragraphs (a) to (ba) of subsection (2) of this section, an application for a declaration under sec­ tion 67 of this Act is made without a family group conference having been held, the Registrar shall forthwith refer the appli­ cation to,— (a) In the case of an application made on the ground spe­ ciﬁed in section 14(1)(e) of this Act, a Youth Justice Co­ordinator; or In any other case, a Care and Protection Co­ordinator— (b) for the purposes of convening a family group conference.
Subsection (2)(a) was amended, as from 1 November 1989, by section 6(1)(a) Children, Young Persons, and Their Families Amendment Act 1989 (1989 No 70) by omitting “or section 40”.

Subsection (2)(a) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
Subsection (2)(b) was substituted, and subsection 2(ba) was inserted, as from 8 January 1995, by section 9(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsection (3) was substituted, as from 8 January 1995, by section 9(2) Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
71 Court may make declaration in absence of proof of responsibility for neglect or ill­treatment of child or young person Where— (a) An application for a declaration that a child or young person is in need of care or protection is made on any of the grounds speciﬁed in paragraph (a) or paragraph (b) of section 14(1) of this Act; and The Court is satisﬁed that, but for the failure of the evi­ dence to establish that a parent or guardian of the child or young person or a person having the care of the child or young person is culpable in relation to the harm suf­ (b) 83 Part 2 s 72 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 fered by the child or young person, the grounds for mak­ ing the declaration are made out,— the Court may ﬁnd those grounds made out.
Compare: 1974 No 72 s 29A; 1983 No 129 s 6(1) 72 (1) Court not to make declaration unless family group conference held Subject to subsection (2) of this section, the Court shall not make a declaration under section 67 of this Act that a child or young person is in need of care or protection unless a family group conference has been held under this Part of this Act (or, in the case of an application on the ground speciﬁed in section 14(1)(e) of this Act, under Part 4 of this Act) in relation to the matter that forms the ground of the application.
(2) Nothing in subsection (1) of this section applies in respect of any application to which section 70(2)(c) of this Act applies.

(3) Where an application is made to the Court for a declaration under section 67 of this Act, the Court may, at any stage of the hearing of that application, on the application of any party to the proceedings or of its own motion, direct a Care and Pro­ tection Co­ordinator to convene a family group conference in relation to the matter that forms the ground of the application.
Court not to make declaration unless satisﬁed that child’s or young person’s need for care or protection cannot be met by other means The Court shall not make a declaration under section 67 of this Act that a child or young person is in need of care or protec­ tion unless it is satisﬁed that it is not practicable or appropriate to provide care or protection for the child or young person by any other means, including the implementation of any deci­ sion, recommendation, or plan made or formulated by a family group conference convened in relation to that child or young person.
In deciding whether or not to make a declaration under sec­ tion 67 of this Act that a child or young person is in need of care or protection on any of the grounds speciﬁed in paragraph (a) or paragraph (b) of section 14(1) of this Act, the Court shall 73 (1) (2) 84 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 74 take into account, among other things, any evidence before the Court— (a) That the kind of harm suffered by the child or young person will neither continue nor be repeated: That a parent or guardian or other person having the care of the child or young person will be capable of ensuring that the kind of harm suffered by the child or young person will be neither continued nor repeated.
(b) Counselling Court may require parties to undergo counselling 74 (1) Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may direct all or any of the following persons to participate in counselling of a nature speciﬁed by the Court: The child or young person in respect of whom the ap­ (a) plication is made: (b) Any parent or guardian of the child or young person or any person having the care of the child or young person: (c) Where the application is accompanied by or joined with an application for a restraining order or an interim re­ straining order, any person in respect of whose conduct that order or interim order is sought.
(2) Where a direction made under subsection (1) of this section does not specify the person who is to undertake the coun­ selling, the direction shall be referred to the Registrar of the Court, and that Registrar shall, on receipt of the direction, refer to an appropriate counsellor the person or persons in respect of whom the direction is given.
In determining, for the purposes of any direction made under subsection (1) of this section, the nature of the counselling and the person who is to carry out the counselling, the Court or Registrar, as the case may be, shall have regard to the views of the person or persons in respect of whom that direction is given.
Compare: 1980 No 94 s 10 (3) 85 Part 2 s 75 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 75 Counsellor to arrange meeting and submit report on outcome (1) Where a direction is made under section 74(1) of this Act, the counsellor who is to undertake the counselling shall— (a) Arrange to meet the person or persons in respect of whom the direction is given; or By letter sent by post request that person or those per­ sons to attend before the counsellor at a speciﬁed time and place— (b) for the purpose of the counselling.
(2) As soon as practicable after a direction is made under section 74 of this Act, the person undertaking the counselling pursuant to that direction shall submit a written report to the Court on the outcome of that counselling.
Compare: 1980 No 94 s 11 76 Fees Any fees charged by any counsellor in respect of any coun­ selling carried out pursuant to any direction made under sec­ tion 74 of this Act shall, to the extent that those fees are rea­ sonable, be paid out of the Consolidated Account from money appropriated by Parliament for the purpose.
(2) Privilege 77 (1) No evidence shall be admissible in any Court, or before any person acting judicially, of any information, statement, or ad­ mission disclosed or made to any person in the course of carry­ ing out that person’s functions as a counsellor pursuant to a direction made under section 74 of this Act.
Except to the extent that it is necessary for a counsellor to do so in the proper discharge of that person’s functions, every person who acts as a counsellor pursuant to a direction made under section 74 of this Act commits an offence and is liable on summary conviction to a ﬁne not exceeding $1,000 who discloses to any other person any information, statement, or admission received by or made to that person in the exercise of that person’s functions pursuant to such a direction.
Compare: 1980 No 94 s 18 86 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 78 Custody of child or young person pending determination of proceedings This heading was substituted, as from 8 January 1995, by section 10 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
78 (1) Custody of child or young person pending determination of proceedings In any proceedings in a Court under Part 2 of this Act in rela­ tion to a child or young person, the Court may, on the applica­ tion of any party to the proceedings, or a barrister or solicitor representing the child or young person, or of its own motion, make an order relating to the custody of the child or young person pending the determination of the proceedings.
(2) Without limiting the generality of subsection (1) of this sec­ tion, the Court may make an order under that subsection in relation to a child or young person in the following cases: (a) Where the child or young person has been placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42 of this Act and is brought before the Court pursuant to section 45 of this Act: (b) Where the Court is satisﬁed that the child or young per­ son is in need of care or protection for the period of the order: In the case of an application for a declaration under sec­ tion 67 of this Act on the ground speciﬁed in section 14(1)(e) of this Act, where— (i) (c) It is not possible to make suitable alternative ar­ rangements for the custody of the child pending the determination of the application; or It is in the public interest that the child be held in custody pending the determination of the appli­ cation: (ii) (d) Where the Court has made a declaration under section 67 of this Act and has adjourned the proceedings pend­ ing their disposition: (e) Where an application for a variation or discharge of any order (or the variation or discharge of any condition of any order) is made to the Court under section 125 of 87 Part 2 s 79 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 this Act, at any time before such application is ﬁnally disposed of: (f) Where a report is furnished to the Court pursuant to sec­ tion 135 of this Act, at any time before the Court has completed its consideration of the report and accom­ panying revised plan under section 137 of this Act.
(3) An order under subsection (1) of this section may be made on such terms and conditions as the Court thinks ﬁt.

Compare: 1974 No 72 s 43(6) Section 78 was substituted, as from 8 January 1995, by section 10 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsection (2)(a) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
The chief executive: Persons who may be granted custody under section 78 A Cultural Social Service: The Director of a Child and Family Support Service: Any other person.
79 (1) An order made under section 78 of this Act may place a child or young person in the custody of any of the following persons: (a) (b) An Iwi Social Service: (c) (d) (e) The Court shall not make an order under section 78 of this Act placing any child or young person in the custody of any person (other than the chief executive) unless that person consents to the making of the order.
Subsections (1)(a) and (2) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsection (1)(b) and (c) were substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
(2) Effect of order made under section 78 Section 104, section 105 (other than paragraph (a), paragraph (b)(i), and paragraph (c) of subsection (1) of that section), sec­ tion 106, and section 107 of this Act, so far as applicable and with all necessary modiﬁcations, shall apply with respect to 80 88 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 82 every order made under section 78 of this Act as if it were an order made under section 101 of this Act.
81 Placement of child or young person under order made under section 78 (1) Where, pursuant to an order made under section 78 of this Act, a child or young person is placed in the custody of any person (being the chief executive or an Iwi Social Service or a Cul­ tural Social Service or the Director of a Child and Family Sup­ port Service), that order is sufﬁcient authority for that person to place the child or young person— (a) With a member of the child’s or young person’s family, (2) 82 (1) (2) whanau, or family group: (b) Where the child or young person is placed in the custody of the chief executive, in a residence.
Subject to subsection (1) of this section, the person in whose custody a child or young person is so placed may, from time to time, during the currency of the order, change the placement of the child or young person.

Compare: 1974 No 72 s 43(8) Sections 81 and 82 were substituted, as from 8 January 1995, by section 11 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Child or young person may be returned to person who previously had care This section applies where a child or young person is placed in the custody of the chief executive, an Iwi Social Service, a Cultural Social Service, or the Director of a Child and Family Support Service pursuant to an order made under section 78 of this Act.
Subject to subsection (5) of this section, where this section applies, the person in whose custody the child or young per­ son is placed may, at any time before the order expires or is discharged, if that person considers it appropriate to do so, re­ turn the child or young person to the custody of the parent or 89 Part 2 s 82 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) (4) guardian or other person who had the care of the child or young person immediately before the order was made.
The person so returning the child or young person may im­ pose such conditions relating to the supervision of the child or young person as that person thinks ﬁt.
Subject to subsection (5) of this section, where,— (a) Pursuant to subsection (2) of this section, a child or young person is returned to the custody of another per­ son; and (b) At any time before the order made under section 78 of this Act expires or is discharged, the person so returning the child or young person considers that it is no longer desirable in the interests of the child or young person that he or she be in the custody of that other person,— the person may direct that other person to return the child or young person to the custody of that person.
(5) No person shall— (a) (b) Return a child or young person to the custody of any other person pursuant to subsection (2) of this section; or Issue a direction under subsection (4) of this section in relation to a child or young person— without ﬁrst consulting with the barrister or solicitor represent­ ing that child or young person.
(6) Where a person gives a direction under subsection (4) of this section,— (a) Any Social Worker acting under the speciﬁc or general authority of that person may— (i) Remove the child or young person to whom the direction relates, using such force as is reason­ ably necessary for the purpose; and Place the child or young person with such person, or (where the person giving the direction is the chief executive) in such residence, as the person giving the direction thinks ﬁt: (ii) (b) Subsections 2) and (3) of section 105 of this Act shall apply, so far as applicable and with all necessary modi­ ﬁcations, in relation to the removal of the child or young person pursuant to the direction.
90 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 83 Sections 81 and 82 were substituted, as from 8 January 1995, by section 11 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsections (1) and (6)(a)(ii) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Orders under this Part of this Act Orders of Court on making of declaration 83 (1) Where the Court makes a declaration under section 67 of this Act relating to a child or young person, it may do one or more of the following things: (a) Discharge the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, from the proceedings without further order: (b) Order that the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, come before the Court, if called upon within 2 years of the making of the order, so that the Court may take further action under this section: Order one or more of the following persons to receive counselling from such person or persons, and subject to such conditions, as are speciﬁed by the Court: (i) (ii) Any parent or guardian or other person having The child or young person: (c) the care of the child or young person: (iii) Any person in respect of whose conduct a re­ straining order or an interim restraining order was sought or made in the proceedings: (d) Make a services order under section 86 of this Act: (e) Make a restraining order under section 87 of this Act: (f) Make a support order under section 91 of this Act: (g) Make a custody order under section 101 of this Act: (h) Make an order under section 110 of this Act appointing a guardian of the child or young person.
(2) Where the Court makes an order under subsection (1)(c) of this section, sections 74 to 77 of this Act shall apply, with all 91 Part 2 s 84 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 necessary modiﬁcations, with respect to that order as if it were a direction made under section 74(1) of this Act.
Compare: 1974 No 72 s 31(1)(b), (c), (d), (h); 1983 No 129 s 7(1) 84 Power to make other orders where declaration made on ground of child’s offending (1) Where the Court makes a declaration under section 67 of this Act in relation to a child, and the declaration is made on the ground speciﬁed in section 14(1)(e) of this Act, the Court may, in addition to or instead of making any order referred to in sec­ tion 83(1) of this Act, make any one or more of the following orders: (a) (b) Where the Court is satisﬁed that any person (other than An order admonishing the child: Any emotional harm; or the child) suffered— (i) (ii) Any loss of or damage to property— through or by means of the child’s offending, an order directing the child, or any parent or guardian of the child, to pay to the person who suffered the emotional harm or the loss of or damage to property such sum as it thinks ﬁt by way of reparation: An order directing the child, or any parent or guardian or other person having the care of the child, to deliver to the person who appears to the Court to be entitled to it any property in the possession of the child or in the possession of any person for the child: (c) (d) An order for the forfeiture of property to the Crown in any case where the forfeiture of that property would have been obligatory or could have been ordered under any enactment applicable to the offence if the child were an adult and had been convicted of an offence by a Dis­ trict Court.
(2) Any sum ordered to be paid pursuant to subsection (1)(b) of this section in respect of the loss of or damage to property shall be limited to the cost of replacement or (as the case may require) the cost of repair, and shall not include any loss or damage of a consequential nature.
92 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 85 (3) No order shall be made under subsection (1)(b) of this section against the chief executive or any other person who has been appointed to be a guardian of the child under section 110 of this Act.
(4) No order shall be made under subsection (1)(b) of this section in respect of the parent or guardian of the child unless that par­ ent or guardian has been informed by the Court of the proposal to make the order and has been given an opportunity to make representations to the Court.
Compare: 1974 No 72 s 31(1)(e), (f), (g); 1985 No 120 s 22(5); 1987 No 168 s 4 Subsection (3) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Recall to come before Court 85 (1) Where the Court makes an order under section 83(1)(b) of this Act, the Court may, at any time during the duration of the order, direct, on the application of— A Social Worker; or (a) (b) A member of the Police; or (c) The applicant in the proceedings in which the order was made,— the issue to the person in respect of whom the order was made of a summons, in a form prescribed for the purposes of this subsection by rules of Court, to appear before the Court.
(2) Where a person appears before the Court on a summons issued under subsection (1) of this section, the Court may consider the matter and after taking into account such factors as may be relevant since the making of the order, exercise any of the powers conferred on it under section 83 or section 84 of this Act except— (a) The power conferred by section 83(1)(b) of this Act; and (b) Where any power conferred by paragraph (b), para­ graph (c), or paragraph (d) of section 84(1) of this Act was exercised in the ﬁrst instance, any such power.
Compare: 1974 No 72 s 31(2) Subsection (1) was amended, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by substituting “of Court” 93 Part 2 s 86 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 for “made under this Act”.

See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).
Services orders Services orders 86 (1) Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may— (a) Make an order directing the chief executive or any other person or organisation named in the order to provide such services and assistance as may be speciﬁed in the order for such period and on such terms and conditions as may be speciﬁed to a parent or guardian or other person having the care of the child or young person: (2) (b) Make an order directing the chief executive or any other person or organisation named in the order to provide such services and assistance as may be speciﬁed in the order for such period and on such terms and conditions as may be speciﬁed to the child or young person.
The Court shall not make an order under subsection (1) of this section unless the chief executive (where the order is to be di­ rected to the chief executive) or the person or organisation that would be required to provide services and assistance pursuant to the order (in any other case)— (a) Is given notice of the Court’s intention to consider mak­ ing the order; and Is given an opportunity to appear and be heard by the Court before the order is made; and Subject to subsection (3) of this section, consents to the making of the order.
(b) (c) (3) An order directing the chief executive to provide services and assistance may be made under this section without the consent of the chief executive, but only if the Court, after having regard to any reasons advanced on behalf of the chief executive as to why the order should not be made, is satisﬁed— (a) That requiring the chief executive to provide those ser­ vices and assistance is not clearly impracticable; and That the child or young person in respect of whom the Court proposes to make an order under this section is in the care of a person or organisation clearly consistently (b) 94 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 87 with the principles set out in sections 5, 6, and 13 of this Act.
Section 86 was substituted, and section 86A was inserted, as from 8 January 1995, by section 12 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 86 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
86A Interim services orders Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 86 of this Act pending the determination of the application.
Section 86 was substituted, and section 86A was inserted, as from 8 January 1995, by section 12 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Restraining orders Restraining orders 87 (1) Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may, on or at any time after making that declaration, make an order restraining any person named in the order from doing all or any of the following things: (a) (b) Using or threatening violence or causing or threatening Residing with the child or young person: to cause physical harm to the child or young person: (c) Molesting the child or young person by watching or besetting the child’s or young person’s place of resi­ dence, work, or education, or by following or waylay­ ing the child or young person in any public place within the meaning of section 2 of the Summary Offences Act 1981, or by contacting the child or young person in any way: (d) Molesting any person with whom the child or young person is residing by watching or besetting that person’s 95 Part 2 s 88 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) 88 89 place of residence, work, or education, or by follow­ ing or waylaying that person in any public place within the meaning of section 2 of the Summary Offences Act 1981, or by contacting that person in any way.
Subject to any rules of Court empowering the Court to make an order under this section on an ex parte application, the Court shall not make an order under this section restraining the con­ duct of any person unless that person has been informed by the Court of the proposal to make the order and has been given an opportunity to make representations to the Court.
Subsection (2) was amended, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by substituting “of Court” for “made under this Act”.

See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).
Interim restraining orders Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 87 of this Act pending the determination of the application.
Offence to contravene restraining order or interim restraining order Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or to a ﬁne not exceeding $2,000, who does any act in contra­ vention of a restraining order or an interim restraining order.
90 When restraining order shall cease to have effect Where the Court makes an order under section 87 or section 88 of this Act in relation to a child or young person, that order shall cease to have effect when that child or young person at­ tains the age of 20 years or sooner marries or enters into a civil union.

Section 90 was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting “or enters into a civil union” after the word “marries”.
96 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 91 Support orders Support orders 91 (1) Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may make an order directing the chief executive or any other person or or­ ganisation named in the order to provide support to that child or young person for such period (not exceeding 12 months) as is speciﬁed in the order.
The Court shall not make an order under subsection (1) of this section unless the chief executive (where the order is to be directed to the chief executive) or the person or organisation that would be required to provide support pursuant to the order (in any other case)— (a) (2) Is given notice of the Court’s intention to consider mak­ ing the order; and Is given an opportunity to appear and be heard by the Court before the order is made; and Subject to subsection (3) of this section, consents to the making of the order.
(b) (c) (3) An order directing the chief executive to provide support may be made under this section without the consent of the chief executive, but only if the Court, after having regard to any reasons advanced on behalf of the chief executive as to why the order should not be made, is satisﬁed— (a) That requiring the chief executive to provide those ser­ vices and assistance is not clearly impracticable; and That the child or young person in respect of whom the Court proposes to make an order under this section is in the care of a person or organisation clearly consistently with the principles set out in sections 5, 6, and 13 of this Act.
(b) Compare: 1974 No 72 s 31(1)(d)(ii); 1983 No 129 s 7(2) Section 91 was substituted, as from 8 January 1995, by section 13 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 91 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
97 Part 2 s 92 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Interim support orders Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 91 of this Act pending the determination of the application.
Duty to provide support Where an order is made under section 91 or section 92 of this Act in relation to a child or young person, it is the duty of the chief executive (where the order is directed to the chief executive) or the person or organisation directed to provide support pursuant to the order (in any other case)— (a) To monitor the standard of care, protection, and control being provided to, or exercised over, that child or young person; and To provide, or co­ordinate the provision of, such ser­ vices and resources (including ﬁnancial services and re­ sources), whether from the community or otherwise, as will ensure that appropriate care, protection, and control are provided to, or exercised over, that child or young person.
(b) Section 93 was substituted, as from 8 January 1995, by section 14 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 93 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Duty of chief executive to appoint Social Worker to provide support Where, pursuant to section 91 or section 92 of this Act, the chief executive is directed to provide support to a child or young person, the chief executive shall from time to time ap­ point a Social Worker to provide support to the child or young person on behalf of the chief executive.
Compare: 1974 No 72 s 45A; 1983 No 129 s 12(1) 92 93 94 98 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 96 Section 94 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
95 Conditions of support order or interim support order Where the Court makes an order under section 91 or section 92 of this Act directing a person or organisation speciﬁed in the order to provide support to a child or young person, the following conditions shall apply: (a) (b) (c) (d) The Social Worker or person or organisation that is to provide the support may, at all reasonable times, visit and enter the building or place in which the child or young person is living: The child or young person shall not reside at an ad­ dress at which, or with a person with whom, that Social Worker or person or organisation has directed the child or young person not to reside: Every person— (i) Who is a parent or guardian or other person hav­ ing the care of the child or young person; and (ii) With whom the child or young person is resid­ ing— shall ensure that the Social Worker or person or organ­ isation knows at all times of the address at which the child or young person is residing for the time being: In the case of a child or young person in respect of whom a declaration is made on the ground speciﬁed in section 14(1)(d) or (e) of this Act, the child or young person shall not associate with any speciﬁed person, or with persons of any speciﬁed class, with whom the So­ cial Worker or person or organisation has, in writing, warned the child or young person not to associate.
Compare: 1974 No 72 s 46(1); 1983 No 129 s 12(1) 96 (1) Power of Court to impose additional conditions The Court, in making an order under section 91 or section 92 of this Act directing a person or organisation to provide support to a child or young person, may, in its discretion, impose any or all of the following conditions: 99 Part 2 s 97 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (a) In the case of a child or young person in respect of whom a declaration is made on the ground speciﬁed in section 14(1)(d) or (e) of this Act,— (i) (ii) (iii) That the child or young person shall not associate with any speciﬁed person or with persons of any speciﬁed class: That the child or young person attend and re­ main at, for such weekday, evening, and weekend hours each week and for such number of months as the Court thinks ﬁt, any speciﬁed centre that is approved by the Department and that conducts educational, recreational, instructional, cultural, or work programmes, or sporting activity, and take part in such activity as may be required by the person in charge of the centre: In the case of a child in respect of whom a declar­ ation is made on the ground speciﬁed in section 14(1)(e) of this Act, such other conditions as the Court thinks ﬁt to reduce the likelihood of further offending by the child: (b) (c) That the child or young person shall undergo any speci­ ﬁed medical examination and treatment or any speciﬁed psychological or psychiatric examination, counselling, and therapy: Such conditions relating to the child’s or young person’s place of residence as the Court thinks ﬁt.
The Court shall not impose a condition under subsection (1)(a)(ii) of this section without the consent of the child or young person.
Compare: 1974 No 72 s 47(1)(d), (e), (g), (i); 1983 No 129 s 12(1) Court may impose conditions in respect of parent, guardian, etc, of child or young person The Court, in making an order under section 91 or section 92 of this Act directing any person or organisation to provide support to a child, or to a young person of or over the age of 14 years and under 16 years, may impose such conditions as the Court thinks ﬁt for the purpose of assisting any parent or guardian or other person having the care of the child or (2) 97 (1) 100 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 98 (2) 98 young person, or any other person residing with the child or young person, to carry out their duties and responsibilities and to promote co­operation between the parents or other persons, the child or young person, and the Social Worker or person or organisation that is to provide support to the child or young person.
The Court shall not impose any conditions under subsection (1) of this section unless the parent or guardian or other person having the care of, or residing with, the child or young person has been given an opportunity to make representations to the Court and the Court has regard to those representations.
Court not to impose condition requiring medical treatment without person’s consent The Court shall not impose any condition under section 96 or section 97 of this Act requiring any person to undergo any medical, psychiatric, or psychological examination or treat­ ment, or any psychological or psychiatric counselling or ther­ apy, unless consent to the examination, treatment, or coun­ selling is given— (a) In the case of a child or young person under the age of 16 years— (i) (ii) (iii) By a parent or guardian (not being the chief ex­ ecutive) of the child or young person; or If there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or If there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by the Court or the chief executive: In the case of any other person, by that person.
(b) Compare: 1974 No 72 s 47(1)(e); 1983 No 129 s 12(1) Paragraph (a)(i) and (iii) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
101 Part 2 s 99 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 99 Person or organisation providing support to child or young person to report to Court Where, pursuant to section 91 of this Act, any person or or­ ganisation is directed to provide support to a child or young person, that person or organisation shall, on the expiry of the period speciﬁed in the order, furnish to the Court a report in writing containing an assessment of the effectiveness of the order, the child’s or young person’s response to it, and such other information as that person or organisation considers rele­ vant.
100 Failure to observe conditions of support order (1) Where the Court makes an order under section 91 or section 92 of this Act directing any person or organisation to provide support to a child or young person, the chief executive or that person or organisation may, in any case where the child or young person or a parent or guardian or other person having the care of, or residing with, the child or young person has failed to comply with a condition of the order (including any condition imposed under section 96 or section 97 of this Act), apply to the Court for a declaration that the child or young person or the parent or guardian or other person having the care of, or residing with, the child or young person has failed to comply with the condition.
The Court may, on any application under subsection (1) of this section, where it is satisﬁed that any child or young person or any parent or guardian or other person having the care of, or residing with, the child or young person has failed, without reasonable excuse, to comply with the condition of the order, make such a declaration and make any order under section 127 of this Act as if an application had been made under sec­ tion 125 of this Act in relation to the order.
Every application under this section shall be served on— (a) The child or young person to whom the order relates; and (3) (2) (b) Any parent or guardian or other person having the care of the child or young person; and 102 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 102 (c) If the application relates to any person residing with the child or young person, that person.
Compare: 1974 No 72 s 48(1)­(3) Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Custody orders 101 Custody orders (1) Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may make an order placing that child or young person in the custody of any of the following persons for such period as may be speciﬁed in the order: (a) (b) An Iwi Social Service: (c) (d) (e) A Cultural Social Service: The Director of a Child and Family Support Service: Any other person.
The chief executive: (2) Any such order may be made on such terms and conditions as (3) the Court thinks ﬁt.

The Court shall not make an order under subsection (1) of this section placing any child or young person in the custody of any person (other than the chief executive) unless that person consents to the making of the order.
Subsections (1)(a) and (3) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsection (1)(b) and (c) were substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Interim custody orders 102 (1) Where the Court makes a declaration under section 67 of this Act, it may, instead of making a ﬁnal order under section 101 of this Act, make an interim custody order under that sec­ tion.

(2) No interim custody order made pursuant to this section shall continue in force for more than 6 months after the date on which it is made.
103 Part 2 s 103 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) Where an interim custody order is made pursuant to this sec­ tion, the Court may, on application by any person who was the applicant in the proceedings in which the order was made, or any person on whom the application in those proceedings was served in accordance with section 152 of this Act, or the per­ son in whose custody the child or young person was placed,— (a) Make one but only one further interim custody order under section 101 of this Act; or (b) Make a ﬁnal order under that section; or (c) Make such other order referred to in section 83(1) or section 84(1) of this Act as the Court thinks ﬁt; or (d) Dismiss the application.
103 Court may impose conditions to facilitate return of child or young person Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of the chief ex­ ecutive or an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service, it may impose such conditions as it thinks ﬁt for the purpose of facili­ tating the return of the child or young person to the parents or guardians or other persons previously having the care of the child or young person.
Section 103 was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Author­ ity or a Cultural Authority”.

Section 103 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
104 Effect of custody order (1) Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of any person,— that person has the role of providing day­to­day care (a) for the child or young person as if a parenting order had been made under section 48(1) of the Care of Children Act 2004 giving that person the role of providing day­ to­day care for the child or young person; and 104 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 104 (b) (c) Except to the extent that they are preserved by the Court in any order made under section 121 of this Act, all the rights, powers, and duties of every other person having custody of the child or young person shall be suspended and shall have no effect; and for the purposes of section 92 of the Care of Children Act 2004,— (i) the order constitutes an order about the role of providing day­to­day care for the child or young person; and the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day­to­day care for the child or young person.
(ii) (2) Any custody order shall be sufﬁcient authority for any member of the Police or any Social Worker or any other person author­ ised in that behalf by the chief executive to place the child or young person to whom the order relates— (a) Where the order places the child or young person in the custody of the chief executive, with such person, or in such residence, as the principal manager of the Department for the area in which the Court is situated may direct: (b) Where the order places the child or young person in the custody of an Iwi Social Service or a Cultural Social Service, with such person as the Convener of the Social Service directs: (c) Where the order places the child or young person in the custody of the Director of a Child and Family Support Service, with such person or in such residence as that Director directs: (d) Where the order places the child or young person in the custody of any other person, with that person.
(3) Any person authorised by subsection (2) of this section to place any child or young person with any person or in any residence— (a) May use such force as is reasonably necessary for that purpose: 105 Part 2 s 105 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (b) May exercise that authority from time to time in order to return the child or young person to that person or residence: (c) May, for the purpose of exercising that authority, exer­ cise the powers conferred by section 105(2) of this Act, and the provisions of subsections (2) and (3) of section 105 of this Act shall apply accordingly with all neces­ sary modiﬁcations.
Subsection (1)(a) and (c) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).

Subsection (2) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Subsection (2)(a) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “principal manager of the Department for the area” for “Director of Social Welfare for the District”.

Subsection (2)(b) was substituted, as from 8 January 1995, by section 46 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
105 Living arrangements for child or young person placed in custody of chief executive (1) Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of the chief executive,— (a) The chief executive may transfer the child or young per­ son from one residence under this Act to any other resi­ dence under this Act: (b) Any Social Worker, acting with the speciﬁc or general authority of the chief executive, may arrange for the child or young person— (i) (ii) To be placed in any residence: To be placed in any school or other institution that provides care or training or physical or mental health care: (iii) To undertake employment or any training for em­ ployment: (c) Any Social Worker, acting with the speciﬁc or general authority of the chief executive, may arrange for the child or young person to live temporarily with the par­ ents or guardians or other person previously having the 106 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 106 care of the child or young person or with any other per­ son, on such terms and conditions as the Social Worker may specify: (d) Any Social Worker, acting with the speciﬁc or general authority of the chief executive, may at any time can­ cel any arrangement made under paragraph (b) or para­ graph (c) of this subsection and, after any such cancel­ lation, may remove the child or young person to a resi­ dence or to such other place as the Social Worker may decide, using such force as is reasonably necessary for that purpose.
For the purpose of removing any child or young person pur­ suant to subsection (1)(d) of this section, a Social Worker may enter and search any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assist­ ance and by force if necessary.
The Social Worker exercising any powers under subsection (2) of this section shall, on ﬁrst entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, and, if requested, at any subsequent time— (a) (b) Disclose that those powers are being exercised under Produce evidence of identity; and subsection (2) of this section.
Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
(2) (3) 106 Living arrangements where child or young person placed in custody of Iwi Social Service, etc (1) Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service, the Convener of the Social Ser­ vice or the Director of that Support Service, as the case may require,— (a) May from time to time direct that the child or young per­ son be removed from the person with whom or the resi­ dence in which that child or young person was placed 107 Part 2 s 107 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) pursuant to section 104 of this Act and placed with some other person or in some other residence; and (b) May request any Social Worker or any member of the Police to assist in carrying out any direction given under paragraph (a) of this subsection, and any Social Worker or member of the Police so assisting may use such force as is reasonably necessary for that purpose.
For the purposes of assisting in the carrying out of any direc­ tion given under subsection (1)(a) of this section, any Social Worker or member of the Police may exercise the powers con­ ferred by section 105(2) of this Act, and the provisions of sub­ sections (2) and (3) of section 105 of this Act shall apply ac­ cordingly with all necessary modiﬁcations.

Section 106 was substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
107 Person in whose custody child or young person is placed may determine access rights in absence of Court order Where— (a) The Court makes an order under section 101 of this Act placing a child or young person in the custody of any person; and The Court has not made an order under section 121 of this Act granting any person access to the child or young person,— (b) the person in whose custody the child or young person is placed shall, subject to any order of any Court, have the sole authority to decide whether, and on what terms and conditions (if any), any person is to have access to the child or young person.
108 When custody order shall cease to have effect Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of any person, that order shall cease to have effect when— (a) The order expires in accordance with section 102 of this Act; or The terms of the order expire; or (b) 108 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 110 (c) (d) (e) In the case of a young person, that young person attains the age of 17 years; or In the case of a young person, that young person marries or enters into a civil union; or The child or young person is adopted by any person other than a parent of the child or young person— whichever ﬁrst occurs.
Paragraph (d) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting “or enters into a civil union” after the word “marries”.

109 Custody to revert on expiry of order Where an order made under section 101 of this Act placing a child or young person in the custody of any person expires, custody of the child or young person shall revert to the person having custody of the child or young person immediately be­ fore the order was made.
Guardianship orders The chief executive: 110 Guardianship orders (1) Where the Court makes a declaration under section 67 of this Act in relation to any child or young person, it may make an order appointing any of the following persons to be a guardian of the child or young person: (a) (b) An Iwi Social Service: (c) (d) (e) Subject to subsection (3) of this section, where the Court makes an order under subsection (1) of this section appointing any person to be a guardian of a child or young person, the Court shall appoint that person to be— The sole guardian of the child or young person; or (a) (b) A guardian of the child or young person in addition to A Cultural Social Service: The Director of a Child and Family Support Service: Any other person.
(2) any other guardian.

109 Part 2 s 111 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) The Court shall not make an order under subsection (1) of this section appointing the Director of a Child and Family Support Service as the sole guardian of a child or young person.
Compare: 1974 No 72 s 31(1)(d)(i); 1983 No 129 s 7(1) Subsection (1)(a) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.

Subsection (1)(b) and (c) were substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
111 Person not to be appointed as guardian without consent (b) The Court shall not make an order under section 110 of this Act appointing any person (other than the chief executive) as a guardian unless— (a) It gives notice of its intention to consider making the order to that person; and That person is given an opportunity to appear and be heard by the Court before the Court makes such an order; and (c) That person consents to the making of the order.
Section 111 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

112 Chief executive may be appointed as guardian for speciﬁc purpose Any order under section 110 of this Act appointing the chief executive as a guardian may specify that the appointment is for a particular purpose only.
Section 112 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
113 Court may impose conditions to facilitate return of child or young person Where the Court makes an order under section 110 of this Act appointing the chief executive or an Iwi Social Service or a Cultural Social Service to be the sole guardian of a child or young person, it may impose such conditions as it thinks ﬁt for the purpose of facilitating the return of the child or young 110 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 114 person to the parents or guardians or other persons previously having the care of the child or young person.
Section 113 was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Author­ ity or a Cultural Authority”.

Section 113 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
114 Effect of guardianship order (1) Where the Court makes an order under section 110 of this Act appointing any person as a guardian of any child or young person (whether as sole guardian or as a guardian in addition to any other person),— (a) That person shall be a guardian of that child or young person as if that person had been appointed under sec­ tion 27 of the Care of Children Act 2004; and If the child or young person is, at the time of the making of the order, under the guardianship of the Court under an order made under the Care of Children Act 2004, that guardianship is suspended during the time when the person appointed under section 110 is the guardian (subject to section 117(2)).
(2) Where the Court makes an order under section 110 of this Act appointing any person as the sole guardian of any child or young person,— (a) Except to the extent that they are preserved by any other order made under this Act, all of the rights, powers and duties of every other person who is the guardian of that child or young person, or who may become a guardian during the time when the person appointed under that section is the guardian, shall be suspended and shall have no effect; and for the purposes of section 92 of the Care of Children Act 2004,— (i) the order constitutes an order about the role of providing day­to­day care for the child or young person; and (b) (b) 111 Part 2 s 115 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (c) (ii) the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day­to­day care for the child or young person; and Subject to any custody order made by the Court under section 101 of this Act, the child or young person shall be deemed to have been placed in the custody of that person pursuant to that section, and the provisions of sections 104 to 107 of this Act, so far as applicable and with all necessary modiﬁcations, shall apply accord­ ingly.
Compare: 1974 No 72 s 49(1); 1983 No 129 s 13 Subsection (1)(a) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “under section 27 of the Care of Children Act 2004” for “pursuant to section 8 of the Guardianship Act 1968”.

Subsection (1)(b) was substituted, as from 3 June 1998, by section 8 Guardian­ ship Amendment Act 1998 (1998 No 48).
See section 7 of that Act as to the transitional provision relating to appeals from the Family to appeals from the Family Court to the High Court.

Subsection (1)(b) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “Care of Children Act 2004” for “Guardianship Act 1968”.

Subsection (2)(b) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).
115 Disputes between guardians Where— (a) (b) Pursuant to section 110 of this Act, any person is ap­ pointed as guardian of a child or young person in add­ ition to any other guardian; and Those guardians are unable to agree on any matter con­ cerning the exercise of their guardianship,— any of those guardians may apply to the Court for its direction, and the Court may make such order relating to the matter as it thinks ﬁt.
Compare: 1968 No 63 s 13 116 Review of guardian’s decision or refusal to give consent (1) For the purposes of this section young person means a boy or girl of or over the age of 14 years but under 20 years.
(2) Where— 112 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 117 (a) (b) A young person is affected by a decision or by a refusal of consent by a guardian appointed under section 110 of this Act; and That decision or refusal of consent is in respect of an important matter,— that young person may apply to the Court for a review of that decision or refusal.
(3) Where an application is made under this section in respect of a decision or refusal, the Court may, if it thinks it reasonable in the circumstances to do so, review the decision or refusal and make such order in respect of that decision or refusal as it thinks ﬁt.

(4) Any consent given by the Court pursuant to this section shall have the same effect as if it had been given by the guardian.
(5) Nothing in this section limits or affects— (a) (b) (c) the provisions of the Marriage Act 1955 with respect to consents for minors to marry: the provisions of the Civil Union Act 2004 with respect to consents for people under the age of 18 years to enter civil unions: the provisions of the Care of Children Act 2004 with respect to consents for people under the age of 18 years to become parties to de facto relationships.
Compare: 1968 No 63 s 14; 1971 No 149 s 3 Subsection (5) was substituted, as from 26 April 2005, by section 7 Relation­ ships (Statutory References) Act 2005 (2005 No 3).
117 When guardianship orders to cease to have effect (1) Every guardianship order made under section 110 of this Act shall cease to have effect when— (a) The young person to whom it relates attains the age of 20 years or sooner marries or enters into a civil union; or The child or young person to whom it relates is adopted by any person other than its parents— (b) whichever occurs ﬁrst.
(2) A guardianship order made under section 110 ceases to have effect if, after it is made, a court having jurisdiction under section 31 of the Care of Children Act 2004— 113 Part 2 s 118 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) (a) Orders that the child or young person to whom the order relates be placed under the guardianship of the Court under that Act; or (b) Orders that the child or young person must continue to be under the guardianship of the Court, if the child or young person was under the guardianship of the Court at the time of the making of the order under section 110.
Subsection (2) does not apply if the Court making an order under that subsection orders that a guardianship order under section 110 continues in force.

Compare: 1974 No 72 s 49(7), (8); 1983 No 129 s 13 Subsection (1)(a) was amended, as from 26 April 2005, by section 7 Relation­ ships (Statutory References) Act 2005 (2005 No 3) by inserting “or enters into a civil union” after the word “marries”.
Subsections (2) and (3) were substituted, as from 3 June 1998, by section 8 Guardianship Amendment Act 1998 (1998 No 48).

See section 7 of that Act as to the transitional provision relating to appeals from the Family to appeals from the Family Court to the High Court.

Subsection (2) was amended, as from 1 July 2005, by section 151 Care of Chil­ dren Act 2004 (2004 No 90) by substituting “section 31 of the Care of Children Act 2004” for “section 10B of the Guardianship Act 1968”.
118 Reversion of guardianship on expiry or discharge of guardianship order Where an order made under section 110 of this Act expires or is discharged, guardianship of the child or young person in respect of whom the order is made shall revert to the person who would have been the guardian of the child or young per­ son if the order had never been made unless some other person has in the meantime become entitled to guardianship by virtue of an order made under the Adoption Act 1955 in which case guardianship shall revert to the person so entitled.
Compare: 1974 No 72 s 49(9); 1983 No 129 s 13 119 Guardianship of child or young person on death of person appointed as guardian under this Act On the death of any person (being a person referred to in subsection (1)(e) of section 110 of this Act) appointed the guardian of a child or young person pursuant to an order made under that section, and who at the time of that person’s death 114 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 120 was the sole guardian of the child or young person, guardian­ ship of the child or young person shall vest,— (a) Where an Iwi Social Service or a Cultural Social Ser­ vice was the sole guardian of the child or young person immediately before that person’s appointment, in that Iwi Social Service or Cultural Social Service as if that Social Service had been appointed the sole guardian of the child or young person: In any other case, in the chief executive as if the chief executive had been appointed the sole guardian of the child or young person.
(b) Section 119 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Paragraph (a) was substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Effect of custody and guardianship orders on jurisdiction under Care of Children Act 2004 This heading was amended, as from 1 July 2005, by section 151 Care of Chil­ dren Act 2004 (2004 No 90) by substituting “Care of Children Act 2004” for “Guardianship Act 1968”.
120 Restriction on making of guardianship and parenting (1) orders under Care of Children Act 2004 If a child or young person is subject to an order made under section 78 or section 101 or section 110 of this Act, none of the following may be made under the Care of Children Act 2004: an order in respect of the guardianship of that child or (a) young person; and an order about the role of providing day­to­day care for that child or young person; and an order for contact with that child or young person.
(b) (c) (1A) Subsection (1) is subject to subsection (2) and section 117(2).

(2) Nothing in subsection (1) affects the power of a Court hav­ ing jurisdiction under section 31 of the Care of Children Act 2004 to make an order under that section in respect of any child or young person who is subject to an order made under section 78 or section 101.
115 Part 2 s 121 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 The heading to section 120 was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “and parenting orders under Care of Children Act 2004” for “, custody, and access orders under Guardianship Act 1968”.

Subsection (1) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).
Subsection (1A) was inserted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).

Subsection (2) was amended, as from 1 November 1989, by section 6(1)(b) Children, Young Persons, and Their Families Amendment Act 1989 (1989 No 70) by omitting “or section 102”.

Subsection (2) was substituted, as from 3 June 1998, by section 8 Guardianship Amendment Act 1998 (1998 No 48).
See section 7 of that Act as to the transi­ tional provision relating to appeals from the Family to appeals from the Family Court to the High Court.

Subsection (2) was amended, as from 1 July 2005, by section 151 Care of Chil­ dren Act 2004 (2004 No 90) by substituting “section 31 of the Care of Children Act 2004” for “section 10B of the Guardianship Act 1968”.
Access and exercise of other rights 121 Court may make orders for access and exercise of other rights by parents and other persons (1) Where an application is made to the Court under section 44 of this Act in respect of any child or young person, the Court may make an order granting access to that child or young person to the applicant.
(2) Where the Court— (a) Makes an order under section 78 of this Act relating to the custody of a child or young person pending the determination of any proceedings; or (b) Makes a custody order or an interim custody order under section 101 of this Act in relation to a child or young person; or (c) Makes an order under section 110 of this Act appointing the chief executive or any other person the sole guardian of a child or young person,— it may, on making the order, or at any time after making the order, on application made by any parent of the child or young person or any other person, make an order— (d) Granting access to that child or young person to that parent or other person: 116 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 123 (e) Conferring on that parent or other person such rights in relation to the child or young person as it thinks ﬁt.
(3) Any order made under subsection (1) or subsection (2) of this section may be made on such terms and conditions as the Court thinks ﬁt.

Subsection (2)(a) was amended, as from 8 January 1995, by section 14 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “any proceedings” for “an application”.
Subsection (2)(c) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
122 Enforcement of access rights (1) The Court may at any time, on the application of any person entitled to access to a child or young person under an order made under section 121 of this Act, issue a warrant authorising any Social Worker or any member of the Police or any other person named in the warrant to take possession of the child or young person and deliver him or her to the person entitled to access in accordance with the order.
The power conferred on the Court by subsection (1) of this section may, if the Court thinks ﬁt, be exercised on the making of the order.

(2) (3) Where, pursuant to this section, the Court declines to enforce a right of access under an order made under section 121 of this Act, it may of its own motion vary or discharge the order accordingly.
Compare: 1968 No 63 s 19(2), (3), (8); 1979 No 52 s 3(1); 1980 No 95 s 9(c) 123 Power of entry For the purpose of executing any warrant issued under section 122 of this Act, any Social Worker or member of the Police or any other person named in the warrant may enter and search any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assistance and by force if necessary.
Compare: 1968 No 63 s 19(4) 117 Part 2 s 124 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 124 Person executing warrant to produce evidence of authority and identity [Repealed] Section 124 was repealed, as from 2 September 1996, by section 2(2) Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).
Variation and discharge of orders 125 Application for variation or discharge of orders made under this Part of this Act (1) Any one or more of the persons speciﬁed in section 126 of this Act may, subject to that section, apply to the Court for the variation or discharge of any of the following orders, or for the variation or cancellation of any condition of any such order: (a) An order made under section 78 of this Act relating to the custody of a child or young person pending the determination of any proceedings: (b) An order made under section 83(1)(c) of this Act requir­ (c) ing any person to receive counselling: An order made under section 84(1)(b) of this Act direct­ ing the payment of reparation for any emotional harm or the loss of or damage to property: (d) Any services order or interim services order made under (e) (f) section 86 or section 86A of this Act: Any restraining order or interim restraining order made under section 87 or section 88 of this Act: Any custody order or interim custody order made under section 101 of this Act: (g) Any guardianship order made under section 110 of this Act: (h) Any order made under section 121 of this Act granting access to, or conferring rights in respect of, any child or young person.
(2) Any one or more of the persons speciﬁed in section 126 of this Act may, subject to that section, apply to the Court for the variation, suspension, or discharge of any support order or interim support order made under section 91 or section 92 of this Act, or for the variation, suspension, or cancellation of any condition of any such order.
Compare: 1974 No 72 s 64 118 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 126 Subsection (1)(a) was amended, as from 8 January 1995, by section 16(1) Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “any proceedings” for “an application for a declaration under section 67 of this Act”.
Subsection (1)(d) was substituted, as from 8 January 1995, by section 16(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
126 Persons who may apply for variation or discharge of order The following persons may make an application under section 125 of this Act in respect of an order speciﬁed in that section: The child or young person in respect of whom the order (a) was made: (b) Any parent or guardian of that child or young person: (c) Any barrister or solicitor representing the child or young person: (d) Any near relative of that child or young person: (e) Any member of that child’s or young person’s whanau or family group: Any person on whom the application for the declaration under section 67 of this Act in respect of which the order was made has been served in accordance with section 152 of this Act: The chief executive: The Director of any Child and Family Support Service: Any Iwi Social Service or Cultural Social Service: In respect of an order made under section 83(1)(c) of this Act, any person required to receive counselling pur­ suant to that order: In respect of any services order or interim services order made under section 86 or section 86A of this Act, any person or organisation required to provide services or assistance pursuant to the order: In respect of any restraining order or interim restraining order made under section 87 or section 88 of this Act, any person named in that order: In respect of any support order or interim support order made under section 91 or section 92 of this Act, any (f) (g) (h) (i) (j) (k) (l) (m) 119 Part 2 s 126A Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (n) person or organisation directed, pursuant to that order, to provide support to a child or young person: In respect of any custody order or interim custody order made under section 101 of this Act, or any order made under section 78 of this Act, any person granted custody of the child or young person by that order: (o) With the leave of the Court, any other person.
Paragraph (g) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Paragraph (i) was substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Paragraph (k) was substituted, as from 8 January 1995, by section 17 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
126A Court may direct holding of family group conference to consider application (1) Where an application is made under section 125 of this Act, the Court, at any stage of the proceedings, may direct a Care and Protection Co­ordinator to convene a family group conference for the purpose of considering such matters relating to the child or young person as the Court directs, and may adjourn the hearing of the application until the conference has been held.
The provisions of sections 20 to 36 of this Act shall apply with all necessary modiﬁcations with respect to the convening of a family group conference for the purposes of this section.

Section 126A was inserted, as from 8 January 1995, by section 18 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
(2) 127 Court may vary or discharge order (1) On the hearing of any application under section 125(1) of this Act for the variation or discharge of any order, or the variation or discharge of any condition of any order, the Court may— (a) Vary the order in such manner as it thinks ﬁt: (b) Discharge the order: (c) Discharge the order and substitute any other order re­ ferred to in section 83(1) or section 84(1) of this Act: (ca) Make any order referred to in section 83(1) or section 84(1) of this Act in addition to the order (whether or not the Court exercises any other power speciﬁed in 120 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 127 paragraph (a) or any of paragraphs (d) to (g) of this subsection in relation to the order): (d) Vary any condition of the order in such manner as it (g) (e) (f) thinks ﬁt: Discharge any condition of the order: Discharge any condition of the order and substitute any condition that could have been imposed when the order was ﬁrst made: Impose a further condition of the order.
(2) On the hearing of any application under section 125(2) of this Act for the variation, suspension, or discharge of any support order or interim support order made under section 91 or section 92 of this Act, or for the variation, suspension, or cancellation of any condition of any such order, the Court may— Vary the order in such manner as it thinks ﬁt: (a) Suspend the order for such period as may be speciﬁed: (b) (c) Discharge the order: (d) Discharge the order and substitute any other order re­ ferred to in section 83(1) or section 84(1) of this Act: (da) Make any order referred to in section 83(1) or section 84(1) of this Act in addition to the order (whether or not the Court exercises any other power speciﬁed in paragraph (a) or paragraph (b) or any of paragraphs (e) to (i) of this subsection in relation to the order): Vary any condition of the order in such manner as it thinks ﬁt: Suspend any condition of the order for such period as may be speciﬁed: (e) (f) (i) (g) Discharge any condition of the order: (h) Discharge any condition of the order and substitute any condition that could have been imposed when the order was ﬁrst made: Impose a further condition of the order.
(3) Where the Court makes any order under this section, the Court may, where it considers it necessary or desirable to do so, make such order under section 134 of this Act as it thinks ﬁt with respect to any plan or revised plan in force concerning the child or young person.
Compare: 1974 No 72 s 64 121 Part 2 s 128 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Subsection (1)(ca) was inserted, as from 8 January 1995, by section 19(1) Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsection (2)(da) was inserted, as from 8 January 1995, by section 19(2) Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Subsection (3) was substituted, as from 8 January 1995, by section 19(3) Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Plans for children and young persons 128 Court to obtain and consider plan for child or young person before making certain orders (1) Where the Court proposes to make any one or more of the orders speciﬁed in subsection (2) of this section in respect of any child or young person, the Court shall, before making any such order, obtain, in relation to that child or young person, a plan prepared in accordance with sections 129 and 130 of this Act.
The orders referred to in subsection (1) of this section are as follows: A services order under section 86 of this Act : (a) (b) A support order under section 91 of this Act in respect (2) (c) of any child or young person: An order (other than an interim order) under section 101 of this Act placing any child or young person in the custody of any person: (d) An order under section 110 of this Act appointing any person as the sole guardian of a child or young person.
(3) Where, pursuant to subsection (1) of this section, the Court is required to obtain a plan in relation to a child or young per­ son, that plan shall be prepared notwithstanding that a plan prepared pursuant to this section is already in force in relation to that child or young person, and on the preparation of that plan any plan already in force in relation to the child or young person shall cease to be in force.
(4) Notwithstanding anything in subsection (1) of this section, where— (a) The Court proposes to make an order in respect of a child or young person; and 122 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 129 (b) (c) (d) (e) But for this subsection, the Court would be required, pursuant to subsection (1) of this section, to obtain a plan in respect of the order; and The making of the order would be in accordance with a decision, recommendation, or plan made or formulated by a family group conference; and That conference has already formulated, in respect of the child or young person, a plan that complies with the requirements of section 130 of this Act; and Either— (i) (ii) That plan was prepared in consultation with the chief executive or a Social Worker; or The chief executive consents to that plan being treated as a plan obtained by the Court pursuant to subsection (1) of this section,— the Court may treat that plan as a plan obtained by the Court pursuant to subsection (1) of this section, and that subsection and the other provisions of this Act that relate to plans obtained pursuant to that subsection shall apply accordingly as if the plan had been prepared by the chief executive.
Subsection (2)(a) was amended, as from 8 January 1995, by section 20(1) Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by omitting “(other than an order that relates solely to the provision of ﬁnancial support)”.

Subsection (4) was inserted, as from 8 January 1995, by section 20(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Subsection (4) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

129 Court to direct who is to prepare plan (1) Where, pursuant to section 128 of this Act, the Court is re­ quired to obtain a plan in respect of any order, the plan shall be prepared by such person as the Court directs.
(1A) Where— (a) A person is directed, pursuant to subsection (1) of this section, to prepare a plan; and That person is not a Social Worker; and That plan has any implications for the chief executive ,— (b) (c) 123 Part 2 s 129 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 the plan shall be of no effect unless it has been prepared in con­ sultation with the chief executive or his or her representative, and contains an express statement to the effect.
(1B) For the purposes of subsection (1A) of this section, a plan has implications for the chief executive if it proposes that— (a) (b) (c) (d) (e) (f) The chief executive be required to provide services or assistance pursuant to a services order under section 86 of this Act; or The chief executive be required to provide support pur­ suant to a support order under section 91 of this Act; or A child or young person be placed in the custody or care of the chief executive; or The chief executive be appointed as the sole guardian, or as an additional guardian, of a child or young person; or A child or young person receive counselling or other services under this Act, where that counselling or those services would be provided at the Department’s expense; or Either— (i) A child or young person be placed in the custody or care of any person or organisation; or (ii) Any person or organisation be appointed as the sole guardian, or as an additional guardian, of a child or young person,— and that the chief executive provide ﬁnancial assistance to that person or organisation; or (g) Any order (whether a services order under section 86 of this Act or a support order under section 91 of this Act, or any other order) be made in relation to any person or organisation, and that the chief executive provide ﬁ­ nancial assistance to that person or organisation for the purpose of assisting that person or organisation to give effect to the order.
(2) Where the Court considers that any plan prepared pursuant to section 128 of this Act is inadequate, it may direct the person who prepared the plan to furnish to the Court a revised plan, and may indicate any speciﬁc matter that it requires to be dealt with in that plan.
124 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 131 Subsections (1A) and (1B) were inserted, as from 8 January 1995, by section 21 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsections (1A) and (1B) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
130 Content of plans Every plan prepared pursuant to section 128 of this Act in re­ spect of a child or young person shall— (a) Specify the objectives sought to be achieved for that child or young person, and the period within which those objectives should be achieved: Contain details of the services and assistance to be pro­ vided for that child or young person and for any parent or guardian or other person having the care of the child or young person: Specify the persons or organisations who will provide such services and assistance: State the responsibilities of the child or young person, and of any parent or guardian or other person having the care of the child or young person: State personal objectives for the child or young person, and for any parent or guardian or other person having the care of the child or young person: Contain such other matters relating to the education, employment, recreation, and welfare of the child or young person as are relevant.
(b) (c) (d) (e) (f) 131 Adjournment for purposes of obtaining plan (1) Any adjournment for the purposes of obtaining a plan pursuant to section 128 of this Act shall not exceed 28 days unless the Court in any special case otherwise determines, but may other­ wise be on such conditions as the Court thinks ﬁt.
(2) Where any proceedings are adjourned for the purposes of ob­ taining any plan pursuant to section 128 of this Act, the person responsible for preparing that plan shall make all reasonable endeavours to ensure that the plan is ﬁled with the Court at least 2 working days before the date set for the hearing of those proceedings to resume.
125 Part 2 s 132 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 132 Access to plans (1) (b) Subject to section 133 of this Act, a copy of every plan fur­ nished to the Court pursuant to section 128 of this Act shall be given by the Registrar of the Court— (a) To every person entitled to appear and be heard on the application to which the plan relates and to any barrister or solicitor appearing for that person: To any lay advocate, barrister or solicitor, or other per­ son representing the child or young person to whom the application relates or a parent or guardian or other per­ son usually having the care of the child or young person: To the chief executive: To any other person whom the Court considers has a proper interest in receiving a copy of the plan.
Every such copy shall, wherever possible, be supplied not later than 1 working day before the sitting of the Court.

Subsection (1)(c) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
(c) (d) (2) 133 Court may order plan not to be disclosed The Court may order that the whole or any part of a plan given to any person pursuant to section 132(1) of this Act shall not be disclosed to any person speciﬁed in the order where it is satisﬁed that such disclosure would be, or would be likely to be, detrimental to the physical or mental health, or the emo­ tional wellbeing, of any child or young person or other person to whom the plan relates.
134 Court to set date for review of plan (1) Where a plan is prepared pursuant to section 128 of this Act in respect of any child or young person, the Court shall, on making any of the orders referred to in subsection (2) of that section in respect of that child or young person, ﬁx a date by which a review of that plan is to be carried out.
The date ﬁxed pursuant to subsection (1) of this section on the making of an order shall be,— (2) 126 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 135 (a) Where the order is made in respect of a child under the age of 7 years, not later than 6 months from the date of the making of the order: In any other case, not later than 12 months from the date of the making of the order.
(b) The Court shall not ﬁx a date pursuant to subsection (1) of this section that is later than the date on which any order made, or proposed to be made, pursuant to this Part of this Act in respect of the child or young person is to expire.

(3) (5) (4) On ﬁxing a date pursuant to subsection (1) of this section, the Court may also direct who is to review the plan pursuant to section 135 of this Act.
If the Court does not make such a direction, the person who prepared the plan shall be deemed to have been directed pursuant to this subsection to review the plan.

The Court may at any time, on the application of any party to the proceedings, or a barrister or solicitor representing the child or young person, or of its own motion, amend any di­ rection made or deemed to have been made under subsection (4) of this section, or revoke any such direction and substitute another direction.
Subsection (2)(a) amended, as from 1 November 1989, by section 6(1)(c) Chil­ dren, Young Persons, and Their Families Amendment Act 1989 (1989 No 70) by omitting “or young person”.

Subsections (4) and (5) were inserted, as from 8 January 1995, by section 22(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Section 22(2) of that Act states that in respect of every plan prepared pursuant to section 128 of this Act before 8 January 1995 and that has not been reviewed in accordance with section 135 of this Act before 8 January 1995, the person who prepared that plan shall be deemed to have been directed pursuant to section 134 of this Act (as amended by section 22(1) Children, Young Persons, and Their Families Amendment Act 1994) to review that plan.
135 Review of plan (1) Subject to section 127(3) of this Act, the person who is di­ rected, pursuant to section 134 of this Act, to review a plan prepared under section 128 of this Act in respect of a child or young person shall, not later than the date ﬁxed pursuant to section 134 of this Act for the review of that plan, review that plan and furnish to the Court a report setting out the results of 127 Part 2 s 135 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (c) (b) (2) (3) that review, together with a revised plan in respect of that child or young person.
Section 130 of this Act shall apply to a revised plan as if it were a plan required to be prepared pursuant to section 128 of this Act.
Every report furnished to the Court pursuant to subsection (1) of this section in respect of the review of a plan shall— (a) State which of the objectives set out in the plan have been achieved and which of those objectives are yet to be achieved: State, in respect of those objectives that are yet to be achieved, what action is required to achieve those ob­ jectives: State, in respect of any order made by the Court under this Part of this Act in relation to the child or young person to whom the plan relates, whether that order should continue in force, or be varied, suspended, or discharged, and whether any condition of that order should be continued in force, or be varied, suspended, or discharged, and the reasons for those recommenda­ tions: State whether the Court should make any other order under this Part of this Act in relation to that child or young person, and the reasons for that recommendation: State, in respect of those persons who were required to be given a copy of the plan pursuant to section 132 of this Act, whether each of those persons agrees with the recommendations contained in the report.
(4) On the request of the person required to review a plan under subsection (1) of this section, a Care and Protection Co­ordin­ ator may convene a family group conference for the purpose of reviewing the plan.

The provisions of sections 20 to 36 of this Act shall apply with all necessary modiﬁcations with respect to the convening of a family group conference for the purposes of subsection (4) of this section.
Subsection (1) was substituted, as from 8 January 1995, by section 23(1) Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

(5) (d) (e) 128 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 137 Subsections (4) and (5) were inserted, as from 8 January 1995, by section 23(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
136 Access to reports and revised plans The provisions of sections 132 and 133 of this Act shall apply, with such modiﬁcations as may be necessary, with respect to every report, and every revised plan, furnished to the Court pursuant to section 135 of this Act.
137 Court to consider report and make directions (1) Where a report is furnished to the Court pursuant to section 135 of this Act in respect of the review of any plan prepared in relation to any child or young person, the Court shall consider the report and the accompanying revised plan, and, after giving such persons (if any) as it thinks ﬁt an opportunity to be heard, may do any one or more of the following things: (a) In relation to any order that is in force under this Part of this Act and that relates to that child or young person,— (i) Make any order under section 127 of this Act as if an application had been made under section 125 of this Act in relation to that order; or (ii) Direct any person to make an application under section 125 of this Act in relation to that order: (c) (b) Make, in respect of that child or young person, any order referred to in section 83(1) or section 84(1) of this Act: Direct a Care and Protection Co­ordinator to convene a family group conference for the purpose of considering such matters relating to that child or young person as the Court may specify: Require any person to appear before the Court for the purpose of being examined as to any matter relating to, or arising out of,— (i) (d) The plan prepared pursuant to section 128 of this Act: The report furnished under section 135 of this Act on the review of that plan: (ii) (iii) The revised plan accompanying that report: (e) Where the Court considers that the report furnished under section 135 of this Act, or the revised plan, or 129 Part 2 s 137 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 both, are inadequate, direct the person who prepared the report to furnish to the Court a further report, or a further revised plan, or both, and may indicate any speciﬁc matter that it requires to be dealt with in that report or plan: (f) Make any order that it is empowered to make under sec­ tion 178 or section 181 or section 186 or section 187 of this Act in relation to the hearing of an application for a declaration under section 67 of this Act, and the provi­ sions of those sections, of sections 179, 180, 182, 183, 184, and 185, and of sections 188 to 194 of this Act shall apply with such modiﬁcations as may be necessary with respect to every report required to be furnished to the Court under this paragraph.
The provisions of section 199 of this Act shall apply with re­ spect to any person required to appear before the Court pur­ suant to subsection (1)(d) of this section as if that person had been called by the Court as a witness.
The Court shall not make any order under paragraph (a)(i) or paragraph (b) of subsection (1) of this section unless— (a) The report furnished to the Court under section 135 of this Act recommends that the order be made, and the Court is satisﬁed that every person to whom a copy of that report is required to be given agrees with that rec­ ommendation; or (b) A family group conference recommends that the order be made.
(2) (3) (4) Nothing in section 128 of this Act shall apply in respect of any order that the Court proposes to make pursuant to subsection (1)(b) of this section.
(5) Where a report is furnished to the Court pursuant to section 135 of this Act in respect of the review of any plan prepared in relation to any child or young person, any order that is in force under this Part of this Act and that relates to that child or young person shall, unless the Court otherwise directs, and subject to section 108(c) to (e) and section 117 of this Act and to any order made pursuant to this section, continue in force until the Court has completed its consideration of the report in 130 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 139 accordance with this section and has determined what (if any) decision it should make with respect to that order.
(2) 138 Court to set date for further review of plan (1) After considering a report furnished pursuant to section 135 of this Act in respect of the review of a plan, and after taking such action (if any) under section 137 of this Act as it thinks ﬁt, the Court shall, if any order referred to in section 128(2) of this Act is to continue in force in respect of the child or young person to whom the plan relates, ﬁx a date by which a review of the revised plan that accompanied that report is to be carried out.
Section 134 of the principal Act shall apply, with all necessary modiﬁcations, with respect to— (a) (b) The ﬁxing of a date for the review of a revised plan; and The person who is to review a revised plan.
(3) Where, pursuant to subsection (1) of this section, the Court ﬁxes a date for the review of a revised plan, this section and sections 135 to 137 of this Act shall apply, with all necessary modiﬁcations, with respect to every such revised plan as if it were a plan prepared pursuant to section 128 of this Act.

Subsection (2) was substituted, as from 8 January 1995, by section 24 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Agreements for care of children and young persons (1) 139 Agreements for temporary care of children and young persons by chief executive, Iwi Social Services, etc Subject to this section, any parent or guardian or other person having the care of a child or young person who is temporar­ ily unable or unwilling to care for the child or young person may,— (a) With the agreement of the chief executive, place the child or young person in the care of the chief executive for a period not exceeding 28 days; or (b) With the agreement of an Iwi Social Service or a Cul­ tural Social Service, place the child or young person in the care of that Social Service for a period not exceed­ ing 28 days; or 131 Part 2 s 140 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) (c) With the agreement of the Director of a Child and Fam­ ily Support Service, place the child or young person in the care of the Director for a period not exceeding 28 days.
If the parent or guardian or other person having the care of the child or young person is, or will be, unable to resume the care of the child or young person at the end of the period dur­ ing which the child or young person is in the care of any per­ son pursuant to subsection (1) of this section, the period may, with the agreement of that person, be extended for one further period of up to 28 days.
Sections 139 and 140 were substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsection (1)(a) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
(1) 140 Agreements for extended care of children and young persons by chief executive, Iwi Social Service, etc Subject to this section and to sections 143 to 145 and section 147 of this Act, where every person who is a parent or guardian or person having the care of a child or young person agrees to do so, those persons may,— (a) With the agreement of the chief executive, place the child or young person in the care of the chief executive for a period of more than 28 days; or (b) With the agreement of an Iwi Social Service or a Cul­ tural Social Service, place the child or young person in the care of that Social Service for a period of more than 28 days; or (c) With the agreement of the Director of a Child and Fam­ ily Support Service, place the child or young person in the care of the Director for a period of more than 28 days.
(2) No agreement may be made under subsection (1) of this sec­ tion providing for the placement of any child or young person in the care of any person for any period that exceeds,— (a) In the case of a child who is under 7 years of age, 6 months: 132 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 141 (b) In the case of any other child or any young person, 12 months.
Compare: 1974 No 72 s 11(1) Sections 139 and 140 were substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsection (1)(a) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
141 Agreements for extended care of severely disabled (1) (2) children and young persons This section applies to any child or young person who is so mentally or physically disabled that suitable care for that child or young person can be provided only if that child or young person is placed in the care of an organisation or body ap­ proved under section 396 of this Act to provide care for such a child or young person.
Subject to this section and to sections 143 to 145 and section 147 of this Act, where every person who is a parent or guardian or person having the care of a child or young person to whom this section applies agrees to do so, those persons may,— (a) With the agreement of an Iwi Social Service or a Cul­ tural Social Service, place the child or young person in the care of that Social Service; or (b) With the agreement of a Director of a Child and Family Support Service, place the child or young person in the care of the Director.
(3) No agreement may be made under subsection (2) of this sec­ tion providing for the placement of any child or young person in the care of any person for any period that exceeds 2 years, but any such agreement may from time to time be extended for such period (not exceeding 2 years in each instance) as a family group conference may approve.
(4) No agreement may be made under subsection (2) of this sec­ tion providing for the placement of any child or young person in the care of any person (in this subsection referred to as the proposed caregiver) unless a person or organisation authorised pursuant to subsection (5) of this section (not being a person employed by the proposed caregiver) certiﬁes,— 133 Part 2 s 141 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (a) That the proposed caregiver has appropriate facilities and adequate stafﬁng to care for the child or young per­ son; or (b) Where, pursuant to section 362 of this Act, the proposed caregiver intends to place the child or young person in the charge of some other person or organisation, that the proposed caregiver has appropriate facilities and ad­ equate stafﬁng to supervise the placement and to en­ sure that adequate and appropriate care is provided to the child or young person.
The Director­General of Health may from time to time, on ap­ plication made to the Director­General, authorise any suitable person or organisation to issue certiﬁcates for the purposes of subsection (4) of this section.

The Director­General of Health may grant an authority under subsection (5) of this section subject to such conditions as the Director­General of Health thinks ﬁt, and may at any time re­ voke any such authority, or revoke, vary, or add to any condi­ tion imposed under this subsection.
The Director­General of Health may from time to time, under section 41 of the State Sector Act 1988, delegate to any district health board (within the meaning of the New Zealand Public Health and Disability Act 2000) the powers conferred on the Director­General of Health by subsections (5) and (6) and, for that purpose and for that purpose only, sections 41 and 42 of the State Sector Act 1988 apply as if every district health board were an employee of the Ministry of Health.
Subsection (1) was amended, as from 8 January 1995, by section 25(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “the care of an organisation or body approved under section 396 of this Act to provide care for such a child or young person” for “institutional care”.

Subsection (2)(a) was substituted, as from 8 January 1995, by section 46 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Subsection (4) was substituted, and subsections (5) to (7) were inserted, as from 8 January 1995, by section 25(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsection (7) was substituted, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).

Subsection (7) was further substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
(5) (6) (7) 134 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 142 142 Agreements with persons providing residential disability (1) (2) care This section applies to any child or young person who is a disabled person within the meaning of the Disabled Persons Community Welfare Act 1975.
Subject to this section, sections 143 to 145, and section 147, where every person who is a parent or guardian or person hav­ ing the care of a child or young person to whom this section applies agrees to do so, those persons may, with the agreement of an operator, place the child or young person in the operator’s care.
(3) No agreement may be made under subsection (2) providing for the placement of any child or young person in the care of any operator for any period that exceeds 1 year; but any such agreement may from time to time be extended for any period (not exceeding 1 year in each instance) a family group conference approves.
(5) (6) (4) Where, pursuant to an agreement made under subsection (2), a child or young person is placed in the care of an operator, that operator may place the child or young person in the charge of any person whom the operator considers suitable to provide for the care, control, and upbringing of the child or young person.

Section 363 applies, with all necessary modiﬁcations, in re­ spect of any placement made under subsection (4) as if it were a placement made under section 362.
In this section, operator means a residential disability care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.

Subsection (2) was amended, as from 8 January 1995, by section 26(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “a controlling authority” for “the controlling authority of a home registered under the Disabled Persons Community Welfare Act 1975”.
Subsection (3) was amended, as from 8 January 1995, by section 2(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “controlling authority” for “person”.

Subsections (4) to (6) were inserted, as from 8 January 1995, by section 26(3) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 142 was substituted, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).
See section 11 of that Act for transitional provisions.
135 Part 2 s 143 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 143 All parents or guardians not required to be party to agreement Where a parent or guardian or person having the care of a child or young person— Consents in writing to the making of the agreement; or (a) Cannot after reasonable enquiries be found; or (b) (c) Is incapable of entering into the agreement,— an agreement may be made under section 140 or section 141 or section 142 of this Act with respect to the child or young per­ son without that parent or guardian or person being a party to the agreement.
144 Agreement not to be made without consent of child or (1) (2) (3) A child of or over the age of 12 years; or young person Subject to subsection (2) of this section, no agreement shall be made under section 140 or section 142 of this Act with respect to— (a) (b) A young person— unless that child or young person consents in writing to the making of the agreement.
The consent of a child or young person to whom section 142 of this Act applies is not required under subsection (1) of this section if the child or young person is unable, by reason of that child’s or young person’s disability, to understand the nature of the agreement.
Before an agreement is entered into under section 140 or sec­ tion 141 or section 142 of this Act, the wishes of the child or young person shall, where practicable, be ascertained and given due consideration in concluding the terms of the agree­ ment.
Compare: 1974 No 72 s 11(2) 145 Agreement not to be made without approval of family group conference (1) No agreement may be made under section 140 or section 141 or section 142 of this Act unless, before the agreement is made,— 136 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 146 (a) (b) (c) A family group conference is held to consider whether such an agreement should be made; and That family group conference approves the making of the agreement; and A Care and Protection Co­ordinator issues a certiﬁcate to the effect that the requirements of paragraph (a) and paragraph (b) of this subsection have been complied with.
(2) A Care and Protection Co­ordinator may convene or recon­ vene a family group conference for the purpose of consider­ ing— (a) Whether an agreement should be entered into under sec­ tion 140 or section 141 or section 142 of this Act in re­ lation to any child or young person: (3) (b) Whether an agreement entered into under section 141 or section 142 of this Act should be extended or termin­ ated.
The provisions of sections 20 to 36 of this Act shall apply with all necessary modiﬁcations with respect to the convening or reconvening of a family group conference for the purposes of this section.
146 Form and terms of agreements (1) Every agreement entered into under section 140 or section 141 or section 142 of this Act shall— (a) (b) (c) Be in writing: Specify the term of the agreement: Specify the manner in which it may be terminated and, unless so speciﬁed, shall provide that the agreement may be terminated by either party on giving 7 days no­ tice in writing: Contain provisions relating to the care and control of the child or young person during the term of the agreement, including, but not limited to, provisions relating to— (i) The educational, social, cultural, and religious needs of the child or young person: (d) (ii) A programme for the provision of services and assistance for the beneﬁt of the child or young person: 137 Part 2 s 147 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (iii) The rights and obligations of the parents or guardians towards the child or young person: (iv) Access to the child or young person by the par­ ents or guardians or any other person.
(2) Notwithstanding anything in subsection (1)(c) of this section, an agreement entered into under section 140 or section 141 or section 142 of this Act shall be terminated if a family group conference decides that the agreement should be terminated.
147 Further restrictions on making of agreements (1) No agreement relating to a child or young person shall be en­ tered into under section 140 of this Act by any person (being the chief executive or an Iwi Social Service or a Cultural Social Service or a Director of a Child and Family Support Service) in any case where that person is not satisﬁed that a parent or guardian of the child or young person, or a person usually hav­ ing the care of the child or young person, will resume the care of the child or young person on the termination of the agree­ ment.
(2) No agreement relating to a child or young person shall be en­ tered into under section 140 or section 141 or section 142 of this Act by any person (being the chief executive or an Iwi Social Service or a Cultural Social Service or a Director of a Child and Family Support Service or a residential disability care operator within the meaning of section 58(4) of the Health and Disability (Safety) Act 2001) in any case where no parent or guardian, or a person usually having the care of the child or young person, or a member of the child’s or young person’s family, whanau, or family group, is willing to maintain contact with the child or young person during the term of the agree­ ment.
Subsections (1) and (2) were amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Authority or a Cultural Authority”.

Subsections (1) and (2) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Subsection (2) was amended, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93) by substituting “a resi­ dential disability care operator within the meaning of section 58(4) of the Health 138 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 2 s 149 and Disability (Safety) Act 2001” for “the controlling authority of a home reg­ istered under the Disabled Persons Community Welfare Act 1975”.
See section 11 of that Act for transitional provisions.

148 Effect of agreements Where a child or young person is placed in the care of any person pursuant to an agreement under section 139 or section 140 or section 141 or section 142 of this Act, that person shall have, in respect of that child or young person, the same powers and responsibilities in all respects as if that child or young person had been placed in the custody of that person pursuant to an order under section 101 of this Act.
Compare: 1974 No 72 s 11(3) 149 Agreement may provide for consent to medical treatment Any agreement entered into under section 139 or section 140 or section 141 or section 142 of this Act may authorise the person in whose care a child or young person is placed pursuant to that agreement to consent to the carrying out, on that child or young person, of any medical, surgical, or dental procedure (including a blood transfusion), and where any person is so authorised that person shall be deemed to be a guardian of the child or young person for the purposes of section 36(3) of the Care of Children Act 2004.
Section 149 was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “section 36(3) of the Care of Children Act 2004” for “section 25(3) of the Guardianship Act 1968”.
Part 3 Provisions relating to procedure in respect of proceedings under Parts 2 and 3A The heading to Part 3 was substituted, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Pro­ tection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

The heading previously read as follows: “Provisions relating to procedure in re­ spect of proceedings under Part 2”.
Courts having jurisdiction under Parts 2 and 3A This heading was substituted, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
139 Part 3 s 150 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 150 151 Jurisdiction of Family Courts Subject to sections 151 and 341 of this Act, all proceedings under Part 2 or Part 3A of this Act shall be heard and deter­ mined in a Family Court.
Compare: 1974 No 72 s 25(1) Section 150 was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
Jurisdiction of District Courts in cases of urgency The following proceedings may be heard and determined in a District Court in any case where it is expedient that the pro­ ceedings be dealt with urgently and it is impracticable for the matter to be heard and determined as a matter of urgency in a Family Court: (a) (b) Any proceedings under section 45 of this Act: (c) (d) An application under section 88 of this Act for an in­ An application under section 44 of this Act: An application under section 78 of this Act: terim restraining order.
Service of applications 152 Service of application for declaration (1) Subject to section 155 of this Act, every application for a dec­ laration under section 67 of this Act that a child or young per­ son is in need of care or protection shall be served, in accord­ ance with rules of Court, on the following persons: (a) (b) Each parent or guardian of the child or young person: If the child or young person is not residing with any of his or her parents or guardians, any person with whom the child or young person is living and who has had the care of the child or young person is living and who has had the care of the child or young person for a period of not less than 6 months immediately before the applica­ tion was made: If the child or young person is in the custody or under the guardianship of the chief executive, the principal (c) 140 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 154 (e) (d) manager of the Department for the area in which the child or young person is residing: If the child or young person is in the custody or under the guardianship of an Iwi Social Service or a Cultural Social Service, that Social Service: If the child or young person is in the custody of the Director of a Child and Family Support Service, that Director: Any other person speciﬁed by the Court.
(2) Any person served with proceedings under subsection (1) of this section shall be entitled to appear and be heard as a party to the proceedings.

Compare: 1974 No 72 s 27(4)­(6) (f) Subsection (1) was amended, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by substituting “of Court” for “made under this Act”.

See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).
Subsection (1)(c) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.

Subsection (1)(c) was further amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “principal manager of the Department for the area” for “Director of the Social Welfare District”.
Subsection (1)(d) was substituted, as from 8 January 1995, by section 46 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
153 Notice of application for declaration to be given to child or young person Where an application is made for a declaration under section 67 of this Act in respect of any child of or over the age of 12 years or any young person, the Registrar of the Court in which that application is ﬁled shall ensure that a copy of the application is given to that child or young person.
154 Service of application for variation or discharge of order Subject to section 155 of this Act, every application under sec­ (1) tion 125 of this Act shall be served, in accordance with rules of Court, on the following persons: (a) Every person who would have been entitled, under sec­ tion 126(b), (c), (j), (k), (l), (m), or (n) of this Act, to 141 Part 3 s 155 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (b) make an application under section 125 of this Act in re­ spect of the order to which the application relates: The applicant for the declaration under section 67 of this Act in respect of which the order was made: The chief executive: (c) (d) Any other person speciﬁed by the Court.
(2) Any person served with proceedings under subsection (1) of this section shall be entitled to appear and be heard as a party to the proceedings.

Subsection (1) was amended, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by substituting “of Court” for “made under this Act”.

See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).
Subsection (1)(c) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.

155 Court may dispense with service Where any person cannot be served with an application in ac­ cordance with section 152 or section 154 of this Act, the Court may, on such terms and conditions as it thinks ﬁt, dispense with service on that person.
Attendance of parties at hearing 156 Court may require party to attend hearing (1) Where the Court considers that the presence of any person re­ quired to be served with an application under section 152 or section 154 or section 207L or section 207R of this Act is ne­ cessary to enable the Court to hear and determine that appli­ cation, the Court may direct the Registrar to issue a summons in a form prescribed by rules of Court requiring the person to whom it is addressed to appear before the Court at the time stated in the summons.
In any case where a summons under this section has been served on any person, a Family Court Judge may, if the person to whom the summons is issued does not appear to answer to it, direct the issue of a warrant to arrest that person and bring that person before the Court.
(2) 142 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 157 (3) Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $1,000 who, being required to appear before the Court under this section, refuses or fails without reasonable excuse to appear.
Compare: 1974 No 72 s 27(6), (8)­(11) Subsection (1) was amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or section 207L or section 207R”.

Subsection (1) was amended, as from 13 September 2002, by section 6 Fam­ ily Courts Amendment Act 2000 (2000 No 65) by substituting “a form pre­ scribed by rules of Court” for “the prescribed form”.
See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).
157 Court may require child or young person to attend hearing (2) (1) Where the Court considers that the presence of the child or young person in respect of whom any application is made under Part 2 or Part 3A of this Act is necessary to enable the Court to hear and determine that application, the Court may direct the Registrar to issue a summons in a form prescribed by rules of Court requiring the person who has custody of the child or young person to ensure that the child or young person is present at the hearing.
In any case where a summons under this section has been served on any person, a Family Court Judge may, if the child or young person in respect of whom the summons is issued does not appear at the hearing when required to do so, issue a warrant authorising any Social Worker or any member of the Police or any other person named in the warrant to take posses­ sion of that child or young person and bring him or her before the Court.
Section 123 of this Act shall apply, with all necessary modi­ ﬁcations, in relation to every warrant issued under subsection (2) of this section as if every such warrant were a warrant is­ sued under section 122 of this Act.
Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $1,000 who, being required pursuant to a summons issued under this section to ensure that a child or young person appears before the Court, fails to take (4) (3) 143 Part 3 s 158 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 all reasonable steps to ensure that the child or young person so appears.
Compare: 1974 No 72 s 27(6) Subsection (1) was amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.

Subsection (1) was amended, as from 13 September 2002, by section 6 Fam­ ily Courts Amendment Act 2000 (2000 No 65) by substituting “a form pre­ scribed by rules of Court” for “the prescribed form”.
See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).

Subsection (3) was amended, as from 2 September 1996, by section 2(3) Chil­ dren, Young Persons, and Their Families Amendment Act 1996 (1996 No 112) by substituting “Section 123” for “Sections 123 and 124”.
158 Applications may be heard together Joint hearings The Court may hear and determine an application for a dec­ laration under section 67 of this Act or an application under section 125 of this Act (which relates to the variation, suspen­ sion, and discharge of orders made under Part 2 of this Act) or an application under Part 3A of this Act in conjunction with any application under the Adoption Act 1955 or the Care of Children Act 2004 or the Family Proceedings Act 1980 or the Domestic Violence Act 1995 in any case where all the applica­ tions relate to the same child or young person (whether or not any or all of those applications also relate to any other person).
Compare: 1980 No 94 s 160(2) Section 158 was amended, as from 1 July 1996, by section 131 Domestic Vio­ lence Act 1995 (1995 No 86) by substituting “Domestic Violence Act 1995” for “Domestic Protection Act 1982”.

Section 158 was further amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or an application under Part 3A of this Act”.
Section 158 was amended, as from 1 July 2005, by section 151 Care of Chil­ dren Act 2004 (2004 No 90) by substituting “Care of Children Act 2004” for “Guardianship Act 1968”.
144 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 160 Appointment of persons to represent child or young person or assist Court 159 Appointment of barrister or solicitor to represent child or young person (1) Where a child or young person who is the subject of any pro­ ceedings under Part 2 or Part 3A of this Act is not represented by a barrister or solicitor, the Court shall appoint a barrister or solicitor to represent that child or young person in those proceedings and, if the Court thinks desirable, for such other purposes (including any other proceedings under this Act or any other enactment) as the Court may specify.
(2) Where the Court appoints a barrister or solicitor under subsec­ tion (1) of this section, it shall, so far as practicable, appoint a barrister or solicitor who is, by reason of personality, cul­ tural background, training, and experience, suitably qualiﬁed to represent the child or young person.
(3) Notwithstanding that the proceedings in respect of which any barrister or solicitor was appointed under subsection (1) of this section have been disposed of or that the appointment is no longer required for any other purpose speciﬁed by the Court pursuant to that subsection, the Court may, if the Court is sat­ isﬁed that it is necessary or desirable in the interests of the child or young person to do so,— (a) (b) Extend that barrister’s or solicitor’s appointment; or Subject to subsection (2) of this section, appoint any other barrister or solicitor to represent the child or young person— for such purpose as the Court may specify.
Compare: 1974 No 72 s 29(3); 1977 No 126 s 8; 1980 No 94 s 162(1), (2) Subsection (1) was amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.

160 Appointment of barrister or solicitor to assist Court In any proceedings in a Family Court under Part 2 or Part 3A of this Act the Court may appoint a barrister or solicitor to assist the Court.
Compare: 1974 No 72 s 29(3); 1977 No 126 s 8; 1980 No 94 s 162(1), (2) 145 Part 3 s 161 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Section 160 was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
161 Further provisions relating to barrister or solicitor appointed under section 159 or section 160 A barrister or solicitor appointed under section 159 or section 160 of this Act in respect of any proceedings— (a) Shall be served with all documents required to be served on the parties to the proceedings; and (b) May— (i) (ii) Call any person as a witness in the proceedings: Cross­examine witnesses called by any party to the proceedings or by the Court: (iv) (iii) Request the Court to obtain any report that the Court is empowered to obtain for the purposes of the proceedings: In the case of a barrister or solicitor appointed under section 159 of this Act to represent a child or young person, act on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in secure care, or the care of that child or young person in a residence.
Compare: 1974 No 72 s 29(4); 1980 No 94 s 162(3) 162 Payment of barrister or solicitor appointed under section (1) (2) 159 or section 160 The fees and expenses of any barrister or solicitor appointed under section 159 or section 160 of this Act shall, in accord­ ance with regulations made under this Act, be paid out of the Consolidated Account from money appropriated by Par­ liament for the purpose.
The bill of costs rendered by a barrister or solicitor appointed under section 159 or section 160 of this Act shall be given to the Registrar of the Court that made the appointment, and the Registrar may tax the bill of costs.
(3) A barrister or solicitor who is dissatisﬁed with the decision of the Registrar as to the amount of the bill may, within 14 days 146 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 163 after the date of the decision, apply to a Family Court Judge to review the decision; and the Judge may make such order varying or conﬁrming the decision as the Judge considers fair and reasonable.
(4) Notwithstanding subsection (1) of this section, the Court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the Court speciﬁes in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any Court of competent jurisdiction.
Compare: 1974 No 72 s 29(5); 1980 No 94 s 162(4)­(7) 163 Appointment of lay advocate (1) The Court may, at any stage of any proceedings under Part 2 or Part 3A of this Act, on application by any party to the proceedings or of its own motion, appoint, in respect of the child or young person who is the subject of those proceedings, any person, not being a barrister or solicitor, to appear in sup­ port of that child or young person in those proceedings and, if the Court thinks desirable, for such other purposes (including any other proceedings under this Act or any other enactment) as the Court may specify.
(3) (2) Where the Court appoints a lay advocate under subsection (1) of this section, it shall, so far as practicable, appoint a per­ son who has, by reason of personality, cultural background, knowledge, and experience, sufﬁcient standing in the culture of the child or young person in respect of whom the appoint­ ment is to be made to enable that person to carry out his or her duties under this Act.
The Court may make an appointment under subsection (1) of this section notwithstanding that the child or young person is represented in the proceedings by a barrister or solicitor.
(4) Notwithstanding that the proceedings in respect of which any lay advocate was appointed under subsection (1) of this section have been disposed of or that the appointment is no longer required for any other purpose speciﬁed by the Court pursuant to that subsection, the Court may, if the Court is satisﬁed that 147 Part 3 s 164 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 it is necessary or desirable in the interests of the child or young person to do so,— (a) (b) Make a further appointment under subsection (1) of this section in respect of that child or young person— Extend that lay advocate’s appointment; or for such purpose as the Court may specify.
Subsection (1) was amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
164 Further provisions relating to lay advocate (1) The principal functions of a lay advocate appointed under sec­ tion 163 of this Act are as follows: (a) To ensure that the Court is made aware of all cultural matters that are relevant to the proceedings: To represent the interests of the child’s or young per­ son’s whanau, hapu, and iwi (or their equivalents (if any) in the culture of the child or young person) to the extent that those interests are not otherwise represented in the proceedings.
(b) (2) A lay advocate appointed under section 163 of this Act in re­ spect of any proceedings— (a) Shall be served with all documents required to be served on the parties to the proceedings; and (b) May— (i) (ii) Call any person as a witness in the proceedings: Cross­examine witnesses called by any party to the proceedings or by the Court: (iii) Request the Court to obtain any report that the Court is empowered to obtain for the purposes of the proceedings: (iv) Attend any family group conference held in re­ spect of the child or young person who is the sub­ ject of the proceedings, and make representations on behalf of the child or young person at any such conference: (v) Make representations on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in 148 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 166 secure care, or the care of that child or young person in a residence.
165 Payment of lay advocate (1) The fees and expenses of any lay advocate appointed under section 163 of this Act shall, in accordance with regulations made under this Act, be paid out of the Consolidated Account from money appropriated by Parliament for the purpose.
(2) Notwithstanding subsection (1) of this section, the Court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the Court speciﬁes in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any Court of competent jurisdiction.
Attendance at hearings and right to make representations 166 Persons entitled to be present at hearing of proceedings in Family Court (1) No person shall be present during the hearing of any proceed­ ings in a Family Court under Part 2 or Part 3A of this Act relating to a child or young person except— (a) (b) Ofﬁcers of the Court: The parents or guardians or any other person having the care of the child or young person: The child or young person: (c) (d) Any person who is a party to the proceedings: Any near relative of the child or young person: (e) Any member of the child’s or young person’s whanau (f) or family group: (g) Where there is an appropriate Iwi Social Service or Cul­ tural Social Service with respect to the child or young person, a representative of that Social Service: (h) Any Director of a Child and Family Support Service or (i) a representative of any such person: Any barrister or solicitor representing­ (i) Any parent or guardian or other person having the care of the child or young person: 149 Part 3 s 167 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 The child or young person: (ii) (iii) Any person who is a party to the proceedings: Any barrister or solicitor appointed under section 160 of this Act to assist the Court: (j) Any Social Worker: (k) Any Care and Protection Co­ordinator: (l) (m) Any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person: (n) Witnesses: (o) Any person whom the Judge permits to be present.
(2) Any witnesses shall leave the courtroom if asked to do so by a Family Court Judge.

Compare: 1974 No 72 s 23; 1980 No 94 s 159(2), (3) Subsection (1) was amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
Subsection (1)(g) was substituted, as from 8 January 1995, by section 46 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
167 Child or young person may give evidence in private In any proceedings in a Court under Part 2 or Part 3A of this Act relating to a child or young person, the Judge hearing the proceedings may, if he or she thinks it desirable to do so,— (a) Require all or any of the following persons to withdraw from the Court while the child or young person gives evidence: (i) Any parent or guardian or other person having the care of the child or young person: (ii) Any other person: Confer in private with the child or young person.
(b) Compare: 1974 No 72 s 30(4) Section 167 was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
150 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 170 168 Other powers of Court to hear proceedings in private or exclude persons not affected Nothing in section 166(2) or section 167 of this Act limits any other power of the Court to hear proceedings in private or to exclude any person from the Court.
Compare: 1980 No 94 s 159(5) 169 Right to make representations (1) In any proceedings before a Court under Part 2 or Part 3A of this Act relating to a child or young person, representations may be made to the Court on behalf of the child or young person by— (a) (b) Any barrister or solicitor who represents the child or The child or young person: (c) young person: Any lay advocate who appears in support of the child or young person: (d) With the leave of the Court, any other person.
(2) Where any parent or guardian or other person having the care of a child or young person appears before a Court as a party to any proceedings before that Court under Part 2 or Part 3A of this Act, representations may be made to the Court on behalf of that parent or guardian or other person by— (a) That parent or guardian or other person: (b) Any barrister or solicitor who represents that parent or (c) guardian or other person: Any lay advocate who appears in support of that parent or guardian or other person: (d) With the leave of the Court, any other person.
Compare: 1974 No 72 s 40(b), (c); 1983 No 129 s 9 Subsections (1) and (2) were amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Pro­ tection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by in­ serting “or Part 3A”.
Mediation conferences 170 Calling of mediation conference (1) Where an application is made to the Court for a declaration under section 67 of this Act (other than on the ground speci­ 151 Part 3 s 171 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 ﬁed in section 14(1)(e) of this Act), or for the exercise of the Court’s jurisdiction under any other provision of Part 2 or Part 3A of this Act, a Family Court Judge or any of the following persons may ask the Registrar of the Court to arrange for a me­ diation conference to be convened: (a) (b) The applicant: The child or young person to whom the application re­ lates: Any barrister or solicitor who represents that child or young person: (c) (d) Any other person upon whom the application has been served in accordance with section 152 or section 154 of this Act.
(2) On receiving a request under subsection (1) of this section, the Registrar shall— (a) Appoint a time and place for the holding of the medi­ ation conference, being as soon as reasonably practic­ able after the receipt of the request; and (b) Give notice to each of the persons referred to in para­ graphs (a) to (d) of subsection (1) of this section of the time and place of the mediation conference, and request each of those persons to attend the conference.
Compare: 1980 No 94 s 13 Subsection (1) was amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.

171 Objectives of mediation conference The objectives of a mediation conference are— (a) To identify the problem in respect of which the exercise of the Court’s jurisdiction is sought; and To reach agreement on a solution for the problem.
(b) Compare: 1988 No 4 s 67 172 Procedure at mediation conference (1) Every mediation conference shall be presided over by a Family Court Judge.
The following persons are entitled to be present at, and to par­ ticipate in, a mediation conference: (2) 152 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 173 (a) (b) (c) (d) The child or young person to whom the proceedings in respect of which the conference is held relate, unless, in the case of a child, the presiding Judge considers that the attendance of that child would be inappropriate: The barrister or solicitor representing the child or young person: Any other person to whom the notice required by sec­ tion 170(2)(b) of this Act must be given: Subject to any direction by the presiding Judge to the contrary,— (i) Any barrister or solicitor representing any parent or guardian or other person having the care of the child or young person who is the subject of the proceedings in respect of which the conference is held: (ii) Any lay advocate who appears in support of that child or young person or any parent or guardian or other person having the care of that child or young person: (3) (4) (e) With the leave of the presiding Judge, any other person.
Subject to any direction by the presiding Judge to the contrary, every mediation conference shall be held in private.

The presiding Judge may from time to time adjourn a medi­ ation conference to such time and place as the Judge may de­ termine.
Compare: 1988 No 4 s 68 173 Presiding Judge to make record of proceedings at mediation conference (1) Where, at a mediation conference, the parties to the proceed­ ings in respect of which the conference is held reach agreement on the nature of the problem in respect of which the exercise of the Court’s jurisdiction is sought, and on the solution for that problem, the presiding Judge shall record in writing the terms of the agreement.
(2) Where agreement is not reached on all matters, the presiding Judge shall record in writing those matters on which there is agreement and those matters on which there is no agreement.
153 Part 3 s 174 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) (4) In every case, the presiding Judge shall state in the record whether or not— (a) The child or young person who is the subject of the proceedings in respect of which the conference is held was present; and That child or young person agreed to any matter referred to in subsection (1) or subsection (2) of this section on which the parties reached agreement.
(b) The record made by the presiding Judge under subsection (1) or subsection (2) of this section shall be ﬁled in the Court in which the relevant application is ﬁled.

Compare: 1988 No 4 s 69 174 Power of presiding Judge to make consent orders (1) Subject to subsection (2) of this section, at a mediation confer­ ence the presiding Judge may, by consent of the parties, make any declaration or order that could have been made by the Court in the proceedings in respect of which the conference was held.
(2) Where the making of any order under this Act requires the consent of any person who is not a party to the proceedings, the presiding Judge shall not make that order under subsection (1) of this section unless that person gives that consent.

(3) An order made under this section shall for all purposes have the same effect as if it were made by consent in proceedings before the Court.
Compare: 1988 No 4 s 70 175 Power to require attendance at mediation conference (1) Where any person fails to comply with a request under section 170(2)(b) of this Act to attend a mediation conference, a Dis­ trict Court Judge may, on the request of the Registrar of the Court, issue a summons requiring the person to attend a me­ diation conference at a time and place to be speciﬁed in the summons.
Subsections (1) to (3) and (5) of section 20 of the Summary Proceedings Act 1957 shall apply to a summons under this sec­ tion as if it were a witness summons issued under that section.
Compare: 1988 No 4 s 71 (2) 154 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 178 176 Privilege (1) No evidence shall be admissible in any Court, or before any person acting judicially, of any information, statement, or ad­ mission disclosed or made to any person in the course of a mediation conference.
(2) Nothing in subsection (1) of this section applies to a record made by a Family Court Judge under section 173 of this Act, or to any consent order made under section 174 of this Act, or to any proceedings for the review of any such order.
Compare: 1988 No 4 s 72 177 Presiding Judge may hear subsequent proceedings The Family Court Judge who presides over a mediation con­ ference shall be entitled to hear any subsequent proceedings under the application in respect of which the conference was held unless in all the circumstances the Judge decides, of that Judge’s own motion or on application by any party,— (a) That it would be inappropriate for that Judge to do so; or That there is some other sufﬁcient reason for the appli­ cation to be heard by another Judge.
(b) Compare: 1988 No 4 s 73 Reports 178 Medical, psychiatric, and psychological reports (1) If, at any stage of any proceedings under Part 2 or Part 3A of this Act, it appears to the Court to be expedient that a medical, psychiatric, or psychological report should be available to the Court in respect of any child or young person to whom the proceedings relate, the Court may, on application by any party to the proceedings or the barrister or solicitor representing the child or young person, or of its own motion, if it thinks ﬁt,— Order the child or young person to attend for a medical, (a) psychiatric, or psychological examination; or (b) Where the child or young person is, or is to be, held in the custody of the chief executive or detained in any residence, order that the child or young person undergo a medical, psychiatric, or psychological examination at 155 Part 3 s 179 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) (3) (4) the place at which the child or young person is, or is to be, detained.
Subject to subsection (3) of this section if, at any stage of any proceedings under Part 2 or Part 3A of this Act, it appears to the Court to be expedient that a medical, psychiatric, or psychological report should be available to the Court in respect of any parent or guardian or other person having the care of any child or young person to whom the proceedings relate or any person who it is proposed should have the care of the child or young person, the Court may, on application by any party to the proceedings, or of its own motion, if it thinks ﬁt, order the parent or guardian or other person having the care of the child or young person, or other person, to attend for a medical, psychiatric, or psychological examination.
The Court shall not make an order under subsection (2) of this section requiring any person to undergo any medical, psy­ chiatric, or psychological examination unless that person con­ sents to the making of that order.
Subject to the right of the person who refuses to consent to the order to explain the reasons for that person’s refusal, and to cross­examine witnesses and call evidence, the Court may draw such inferences (if any) from the fact of the refusal as appear to it to be proper in the circumstances.
Compare: 1974 No 72 s 42A(1)­(2); 1977 No 126 s 13 Subsection (1)(b) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.

Subsections (1) and (2) were amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Pro­ tection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by in­ serting “or Part 3A”.
179 Further provisions relating to medical, psychiatric, and psychological examinations Every medical examination carried out under subsection (1) or subsection (2) of section 178 of this Act shall be carried out by a registered medical practitioner.
Every psychiatric examination carried out under subsection (1) or subsection (2) of section 178 of this Act shall be carried out by a registered medical practitioner holding a specialist (1) (2) 156 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 179 (3) psychiatric appointment or holding vocational registration in the speciality of psychological medicine or psychiatry.
Every psychological examination carried out under subsection (1) or subsection (2) of section 178 of this Act shall be carried out by— (a) A registered medical practitioner holding a psychiatric appointment or holding vocational registration in the speciality of psychological medicine or psychiatry; or (b) A registered psychologist; or (c) A person appointed by the Court for the purpose, being a person whom the Court is satisﬁed— (i) Is entitled to practice as a psychologist, or in the speciality of psychological medicine or psychi­ atry, in that person’s country of permanent resi­ dence; and (ii) Has qualiﬁcations that, in the view of the appro­ priate registering body in New Zealand, are at least equivalent to those required of a person re­ ferred to in paragraph (a) or paragraph (b) of this subsection.
(4) Every child or young person who is examined under section 178(1) of this Act is, where practicable, entitled to have pre­ sent during that examination one adult— (a) Who is nominated for that purpose by that child or young person or, if the age or level of maturity of the child or young person makes it impracticable for him or her to make such a nomination, by a Social Worker; and (b) Who consents to be present.
Compare: 1974 No 72 s 42A(4); 1977 No 126 s 13 Subsection (2) was substituted, as from 1 July 1996, by section 143(1) Medical Practitioners Act 1995 (1995 No 95).

See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162).

Subsection (3) was substituted, as from 8 January 1995, by section 27 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsection (3)(a) was substituted, as from 1 July 1996, by section 143(1) Med­ ical Practitioners Act 1995 (1995 No 95).
See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162).
157 Part 3 s 180 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 180 Fees for reports prepared under section 178 Where any person prepares a report pursuant to section 178 of this Act, the fees and expenses of that person shall be paid by such party or parties to the proceedings as the Court shall order or, if the Court so decides, shall be paid out of money appropriated by Parliament for the purpose.
Compare: 1968 No 63 s 29A(6); 1980 No 95 s 17 181 Court may order examination to be carried out in (1) psychiatric hospital If, at any stage of the hearing of any proceedings under Part 2 of this Act,— (a) Two medical practitioners have certiﬁed or given evi­ dence that a psychiatric assessment of any child of or over the age of 10 years, or of any young person to whom the proceedings relate, should be obtained, and it appears to the Court that it would not be practicable for such assessment to be carried out outside a psychiatric hospital; or Two psychiatric reports (whether obtained pursuant to section 178(1) of this Act or otherwise) recommending detention of any such child or young person in a psy­ chiatric hospital for further observation are available to the Court,— (b) the Court may, if it considers it expedient, make an order for the detention and examination of that child or young person in a psychiatric hospital for such period, not exceeding 5 days, as the Court thinks ﬁt.
(2) Where an order is made under subsection (1) of this section, a Family Court Judge may, on application made at any time before the expiry of the period speciﬁed in the order, if he or she is satisﬁed that it is necessary to detain the child or young person to whom the order relates in a psychiatric hospital for longer than that period for the purpose of completing the as­ sessment or observation of that child or young person pursuant to that order, extend the period for which that child or young person may be detained in that hospital for such period, not exceeding 14 days, as the Judge thinks ﬁt.
158 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 183 (3) The examination required by an order made under subsection (1) of this section shall be carried out by a medical practitioner holding a specialist psychiatric appointment or holding voca­ tional registration in the speciality of psychological medicine or psychiatry.
(4) An order made under subsection (1) of this section in respect of any child or young person is sufﬁcient authority— (a) For the detention of the child or young person by a So­ cial Worker or any member of the Police for the purpose of ensuring compliance with the order: For the transfer of the child or young person from a residence to a psychiatric hospital: For the detention of the child or young person and examination in a psychiatric hospital: For the return to any residence in which the child or young person was detained at the time of transfer to a psychiatric hospital.
(b) (c) (d) Compare: 1974 No 72 s 42A(3), (4); 1977 No 126 s 13 Subsection (3) was substituted, as from 1 July 1996, by section 143(1) Medical Practitioners Act 1995 (1995 No 95).

See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162).
182 Release of child or young person from psychiatric hospital where detention no longer required Any child or young person who is detained in a psychiatric hospital pursuant to an order made under section 181(1) of this Act may be released, or may be returned to a residence, as the case may require, notwithstanding that the period for which the child or young person was ordered to be detained has not expired, if the Superintendent of that psychiatric hospital certiﬁes in writing that the assessment of the child or young person has been completed or that no further observation of the child or young person is required.
Compare: 1974 No 72 s 42A(9); 1977 No 126 s 13 183 Review of order made under section 178 or section 181 The Court may, from time to time, review any order made under section 178 or section 181 of this Act, and on any such review the Court may make such order as may be just.
159 Part 3 s 184 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 184 Court may indicate matters to be dealt with in report Where the Court makes an order under subsection (1) or sub­ section (2) of section 178 or under section 181(1) of this Act, it may indicate any speciﬁc matter that it requires to be dealt with in any medical, psychiatric, or psychological report.
185 Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003 In respect of any person to whom an application for a dec­ laration under section 67 of this Act relates, the provisions of sections 178 to 183 of this Act have effect in the place of the provisions of sections 38 to 44 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.
Section 185 was substituted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).

186 Report by Social Worker (1) Where the Court makes a declaration under section 67 of this Act, the Court may, before making any order referred to in section 83(1) or section 84(1) of this Act, obtain and consider a report from a Social Worker.
The Court shall not make— (a) (2) A ﬁnal order under section 101 of this Act placing a child or young person in the custody of the chief execu­ tive or an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service; or (b) An order under section 110 of this Act appointing the chief executive or an Iwi Social Service or a Cultural Social Service as the sole guardian of a child or young person— unless the Court has ﬁrst obtained and considered a report from a Social Worker.
Every report obtained pursuant to this section in respect of a child or young person shall include— (3) 160 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 187 (4) (5) (a) (b) Such information as is required to be included in such reports by guidelines issued from time to time in writing by the chief executive after consultation with the Prin­ cipal Family Court Judge: Such other information as may assist the Court in its consideration of the matter: (c) Such other information as the Court may direct.
Every report required pursuant to this section shall be pre­ pared, where appropriate, in consultation with a Maatua Whangai worker.

In this section, the term Social Worker includes a person em­ ployed in the speciality of social work by the Director of a Child and Family Support Service, or by an Iwi Social Ser­ vice or a Cultural Social Service, who consents to make a re­ port under this section.
Compare: 1974 No 72 s 41(3); 1982 No 135 s 9(1) Subsection (2)(a) and (b) were amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Authority or a Cultural Authority”.
Subsections (2)(a), (2)(b), and (3)(a) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsection (5) was inserted, as from 8 January 1995, by section 28 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
187 Cultural and community reports (1) Where the Court makes a declaration under section 67 of this Act that a child or young person is in need of care or protection, the Court may, before making any order referred to in section 83(1) of this Act, of its own motion, or at the request of any of the persons speciﬁed in subsection (2) of this section, require any person to report to the Court on— (a) The heritage and the ethnic, cultural, or community ties and values of the child or young person or the child’s or young person’s family, whanau, or family group: The availability of any resources within the community that would, or would be likely to, assist the child or young person or the child’s or young person’s family, whanau, or family group: (b) 161 Part 3 s 188 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (c) Where the declaration was made on the ground speci­ ﬁed in section 14(1)(a) or (b) of this Act, the availability of any option— (i) That would be an alternative to an order under Part 2 of this Act relating to the custody or guardianship of the child or young person; and That would, or would be likely to, ensure that the kind of harm suffered by the child or young person will neither continue nor be repeated.
(ii) (2) Any of the following persons may ask the Court to obtain a report under subsection (1) of this section: The child or young person: (a) (b) Any parent or guardian or other person having the care (c) of the child or young person: Any barrister or solicitor representing— (i) Any parent or guardian or other person having the care of the child or young person: The child or young person: (ii) (d) Any barrister or solicitor appointed under section 160 of (e) (f) this Act to assist the Court: Any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person: Any Social Worker after consultation, where appropri­ ate, with a Maatua Whangai worker.
(3) Unless it is impracticable or inappropriate to do so, the Court shall ascertain and have regard to the wishes of the child or young person and the child’s or young person’s family, whanau, or family group in determining the person required to furnish a report under this section.

The fees and expenses of any person who furnishes a report under this section shall, if the Court so directs, be paid out of money appropriated by Parliament for the purpose.
(4) 188 Privilege for reports Any person who furnishes any report to the Court pursuant to section 178 or section 181 or section 186 or section 187 of this Act shall not be under any civil or criminal liability in respect 162 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 191 of the report unless that person has acted in bad faith or without reasonable care.
Compare: 1974 No 72 s 41(8); 1982 No 135 s 9(1) 189 Adjournment for purposes of obtaining report (1) Any adjournments for the purposes of obtaining a report pur­ suant to section 178 or section 181 or section 186 or section 187 of this Act— (a) Shall be for the minimum period necessary to enable the report to be prepared; and Shall in no case exceed a total of more than 28 days un­ less the Court in any special case otherwise determines; but (b) (c) May otherwise be on such conditions as the Court thinks ﬁt.
(2) Where any proceedings are adjourned for the purposes of ob­ taining any report pursuant to section 178 or section 181 or section 186 or section 187 of this Act, the person responsible for preparing that report shall make all reasonable endeavours to ensure that the report is ﬁled with the Court at least 2 work­ ing days before the date set for the hearing of those proceed­ ings to resume.
Compare: 1974 No 72 s 42A(2); 1977 No 126 s 13 190 Reports may be made orally The Court may, unless any party to the proceedings objects, direct that any report required pursuant to section 186 (other than a report to which subsection (2) of that section applies) or section 187 of this Act be made orally to the Court.
191 Access to reports (1) Subject to section 192 of this Act, a copy of every written report furnished to the Court pursuant to section 178 or section 181 or section 186 or section 187 of this Act shall be given by the Registrar of the Court— (a) To every person entitled to appear and be heard on the proceedings to which the report relates, and to any bar­ rister or solicitor appearing for that person: 163 Part 3 s 192 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (b) (c) (d) To each lay advocate, barrister or solicitor, or other per­ son representing a child or young person to whom the proceedings relate or a parent or guardian or other per­ son usually having the care of the child or young person: To the chief executive: To any other person whom the Court considers has a proper interest in receiving a copy of the report.
Every such copy shall, wherever possible, be supplied not later than 1 working day before the sitting of the Court.

Compare: 1974 No 72 s 42(1); 1977 No 126 s 12(1), (2) (2) Subsection (1)(c) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
192 Court may order report not to be disclosed The Court may order that the whole or any part of a report given to any person pursuant to section 191(1) of this Act shall not be disclosed to any person speciﬁed in the order where it is satisﬁed that such disclosure would be, or would be likely to be, detrimental to the physical or mental health, or the emo­ tional wellbeing, of any child or young person or other person to whom the report relates.
Compare: 1974 No 72 s 42(5) 193 Right to tender evidence on report Any person to whom a report prepared pursuant to section 178 or section 181 or section 186 or section 187 of this Act relates may tender evidence on any matter referred to in the re­ port and brought to that person’s attention as a result of the dis­ closure of the report to that person pursuant to section 191 of this Act or being told of its contents.
Compare: 1974 No 72 s 42(3); 1977 No 126 s 12(3) 194 Court may call person making report as witness The Court may if it thinks ﬁt call as a witness the person mak­ ing any report to which section 193 of this Act applies.
Compare: 1974 No 72 s 42(4) 164 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 197 Miscellaneous provisions 195 Evidence Subject to sections 65 and 198 of this Act, in any proceedings under Part 2 or Part 3A of this Act the Court may receive any evidence that it thinks ﬁt, whether it is otherwise admissible in a Court of law or not.
Compare: 1974 No 72 s 29(1) Section 195 was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
196 Special provisions applying to disclosure of communications to medical practitioner or clinical psychologist (1) A barrister or solicitor appointed pursuant to section 159 of this Act to represent a child in any proceedings under Part 2 or Part 3A of this Act may, for the purposes of section 32 of the Evidence Amendment Act (No 2) 1980, consent to the dis­ closure by a registered medical practitioner or a clinical psy­ chologist in any such proceedings of any protected communi­ cation made to that registered medical practitioner or clinical psychologist by that child, and any consent so given shall be deemed to be the consent of the child given under that section.
For the purposes of this section the expressions clinical psy­ chologist, protected communication, and registered med­ ical practitioner have the same meanings as in section 32 of the Evidence Amendment Act (No 2) 1980.

Section 196 was substituted, as from 1 November 1989, by section 2 Children, Young Persons, and Their Families Amendment Act 1989 (1989 No 70).
(2) Subsection (1) was amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.

197 Standard of proof Subject to section 198 of this Act, the standard of proof ap­ plying in any proceedings under Part 2 or Part 3A of this Act shall be the standard of proof applying in civil proceedings.
165 Part 3 s 198 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Section 197 was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
198 Special provisions applying to applications for declaration (1) on ground of child’s offending The Court shall not make a declaration under section 67 of this Act on the ground speciﬁed in section 14(1)(e) of this Act unless— (a) It would have found the child guilty of an offence if the proceedings had been pursuant to an information laid under the Summary Proceedings Act 1957 charging the child with the offence; and The Court is satisﬁed that the child knew either that the act or omission constituting the offence was wrong or that it was contrary to law.
(b) (2) Nothing in section 195 or section 197 of this Act applies to any proceedings for a declaration under section 67 of this Act on the ground speciﬁed in section 14(1)(e) of this Act.
Compare: 1974 No 72 s 29(2) 199 Power of Court to call witnesses (1) In any proceedings in a Court under Part 2 or Part 3A of this Act (not being proceedings for a declaration under section 67 of this Act on the ground speciﬁed in section 14(1)(e) of this Act) the Court may, of its own motion, call as a witness any person whose evidence may, in its opinion, be of assist­ ance to the Court.
The power conferred by subsection (1) of this section shall include power to call as a witness any parent or guardian or other person having the care of the child or young person to whom the proceedings relate, or any person with whom any parent or guardian or other person is cohabiting, or any near relative of the child or young person.
(2) (3) A witness called by the Court under this section shall have the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceedings.
166 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 201 (5) (4) A witness called by the Court under this section may be exam­ ined and re­examined by the Court, or by any barrister or so­ licitor assisting the Court, and may be cross­examined by or on behalf of any party to the proceedings or by any barrister or solicitor or lay advocate appointed to represent a child or young person to whom the proceedings relate.
Sections 20, 38, and 39 of the Summary Proceedings Act 1957, so far as they are applicable and with the necessary modiﬁca­ tions, shall apply with respect to every person called as a wit­ ness by the Court under this section as if that person had been called by a party to the proceedings.
The expenses of any witness called by the Court under this section, in accordance with the prescribed scale of witnesses expenses, shall be paid in the ﬁrst instance out of the Consoli­ dated Account from money appropriated by Parliament for the purpose.
Compare: 1980 No 94 s 165 (6) Subsection (1) was amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
200 Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly Where an application is made to the Court for a declaration under section 67 of this Act, the Court shall, so far as it is practicable, give priority to the proceedings in order to ensure that, unless there are special reasons why a longer period is required, the hearing of the application commences not later than 60 days after the application is ﬁled in the Court.
201 Adjournments (1) Subject to this section, the Court may, from time to time, ad­ journ the hearing of any proceedings under Part 2 or Part 3A of this Act.
In considering— (a) Whether to adjourn the hearing of any such proceed­ (2) ings; and 167 Part 3 s 202 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 The period of any such adjournment,— (b) the Court shall have regard to the principle that proceedings under Part 2 or Part 3A of this Act should be dealt with as expeditiously as is possible.
(3) On the granting of an adjournment under this section the Court may— (a) Make an order under section 78 of this Act (which re­ lates to the custody of a child or young person pending the determination of any proceedings): (b) Make an order under section 121 of this Act (which relates to access and other rights in respect of a child or young person).
Subsections (1) and (2) were amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Pro­ tection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by in­ serting “or Part 3A”.

Subsection (3)(a) was amended, as from 8 January 1995, by section 29 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “any proceedings” for “an application”.
202 Orders by consent In any proceedings under Part 2 or Part 3A of this Act, the Court may make any order (being an order that it is empowered to make in those proceedings) by the consent of all the parties to the proceedings.

Compare: 1980 No 94 s 170 Section 202 was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
203 Costs In any proceedings under Part 2 or Part 3A of this Act the Court may make such order as to costs as it thinks ﬁt.

Compare: 1968 No 63 s 27B; 1980 No 95 s 14 Section 203 was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
168 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3 s 205 204 Rehearings (1) Where a declaration or an order has been made or refused on an application under Part 2 or Part 3A of this Act, the Court may, on the application of the applicant or any other person who was a party to the proceedings or the barrister or solicitor representing the child or young person to whom the proceed­ ings relate, grant a rehearing of the application on such condi­ tions as it thinks ﬁt.
(2) Notice of any such rehearing shall be given to such persons and in such manner as the Court directs.

(4) (3) An application for a rehearing under this section shall not op­ erate as a stay of proceedings unless the Court so orders.

If the Court grants an application for a rehearing, the declar­ ation or order shall continue to have effect unless the Court orders otherwise.
Compare: 1980 No 94 s 173 Subsection (1) was amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “or Part 3A”.
205 Preventing removal of child or young person from New (1) Zealand This section applies where— (a) An application is made to the Court for a declaration under section 67, or for an order under section 207K or section 207Q in relation to a child or young person; and (b) Any District Court Judge or, if no District Court Judge is available, any Registrar (not being a member of the Police) is satisﬁed that there are reasonable grounds for believing that any person is about to take that child or young person out of New Zealand.
(2) Where this section applies, the District Court Judge or Regis­ trar— (a) May order that any tickets or travel documents (includ­ ing the passport) of the child or young person, or of the person believed to be about to take the child or young person out of New Zealand, or of both, be surrendered 169 Part 3 s 206 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 to the Court for such period and upon such conditions as the Court thinks ﬁt; and (b) May, in addition, issue a warrant directing any Social Worker or member of the Police to take possession of the child or young person (using such reasonable force as may be necessary) and place the child or young per­ son in the custody of the chief executive pending the order or further order of the Court.
(4) (3) Any person against whom an order under subsection (2)(a) of this section is in force may apply to the Court for the discharge of the order, and the Court, in its discretion, may discharge the order.

Section 123 of this Act shall apply, with all necessary modi­ ﬁcations, in relation to every warrant issued under subsection (2) of this section as if every such warrant were a warrant is­ sued under section 122 of this Act (which relates to the en­ forcement of rights of access).
Compare: 1968 No 63 s 20; 1979 No 52 s 3(1) Subsection (1)(a) was amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by substituting “, or for an order under section 207K or section 207Q” for “of this Act”.
Subsection (2)(b) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.

Subsection (4) was amended, as from 2 September 1996, by section 2(4) Chil­ dren, Young Persons, and Their Families Amendment Act 1996 (1996 No 112) by substituting “Section 123” for “Sections 123 and 124”.
206 Offence to take child or young person out of New Zealand where proceedings pending Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a ﬁne not exceeding $2,000 who, without the leave of the Court, takes or attempts to take any child or young person out of New Zealand knowing that an application for a declaration under section 67, or for an order under section 207K or sec­ tion 207Q in respect of that child or young person is about to be made or that a determination of any such application is pending.
(1) 170 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207A (2) No proceedings for contempt of Court shall be taken against any person in respect of any act to which this section applies.
Compare: 1968 No 63 s 20(3), (4); 1979 No 52 s 3(1) Subsection (1)(a) was amended, as from 1 November 1999, by section 6 Chil­ dren, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by substituting “, or for an order under section 207K or section 207Q” for “of this Act”.
207 Vexatious proceedings (1) (2) The Court may dismiss any proceedings before it under Part 2 of this Act if it is satisﬁed that they are frivolous or vexatious or an abuse of the procedure of the Court.
The Court may, if it is satisﬁed that a person has persistently in­ stituted vexatious proceedings under Part 2 of this Act or under the corresponding provisions of any former Act (whether those proceedings were in respect of the same person or matter or different persons or matters), after giving the ﬁrst­mentioned person an opportunity of being heard, order that no proceed­ ings under Part 2 of this Act, or no proceedings under that Part of any speciﬁed kind or in respect of any speciﬁed person or matter, shall be commenced by the ﬁrst­mentioned person without the leave of the Court.
Compare: 1980 No 94 s 163 Part 3A Trans­Tasman transfer of protection orders and protection proceedings Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207A Purpose of Part Purpose of Part The purpose of this Part is to provide for the transfer of protec­ tion orders and protection proceedings from New Zealand to a State or Territory of Australia, and from a State or Territory of Australia to New Zealand, so that— 171 Part 3A s 207B Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (a) (b) Children or young persons who are the subject of pro­ tection orders can continue to receive care or protection even though they move to or from New Zealand; and Protection proceedings can be determined speedily even though the children or young persons who are the subject of the proceedings move to or from New Zealand.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207B Interpretation Interpretation In this Part, unless the context otherwise requires,— Child welfare law means— (a) Parts 2 and 3; or (b) A law of a participating State that— (i) (ii) Corresponds to Parts 2 and 3; or Is declared to be a child welfare law for the pur­ poses of this Part by regulations made under sec­ tion 447(aa): An order under section 207T; or Children’s Court, in relation to a participating State, means the Court with jurisdiction to hear and determine protection proceedings at ﬁrst instance Interim order means— (a) (b) An equivalent order made under an interstate law: Interstate law, in relation to a participating State,— (a) Means a law that corresponds to this Part; and (b) Includes a law that is declared to be an interstate law for the purposes of this Part by regulations made under section 447(ab): Interstate ofﬁcer, in relation to a participating State, means— The holder of an ofﬁce or position (by whatever name (a) called) that is an ofﬁce or position the holder of which is declared, in relation to that State, to be the interstate ofﬁcer for the purposes of this Part by regulations made under section 447(ac); or 172 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207B (b) The holder of the ofﬁce or position (by whatever name called) that, by or under the child welfare law of that State, has principal responsibility for the care or protec­ tion of children and young persons in that State: Participating State means a State or Territory of Australia in which an interstate law is in force Protection order has the meaning given to it by section 207C Protection proceedings means— (a) Proceedings in a Court or a Children’s Court under a child welfare law for the making, variation, discharge, or revocation of a protection order or interim order, or for the extension of any period of such an order; or Proceedings in a Court or a Children’s Court under a child welfare law (for example, proceedings for a dec­ laration under section 67 that a child or
 young person is in need of care or protection) for a declaration or ﬁnd­ ing (by whatever name called)— (i) That a child or young person is in need of care or protection; and That empowers the Court or Children’s Court to make a protection order: (ii) (b) (b) the review under Review proceedings means proceedings— (a) By way of an application for Judicature Amendment Act 1972; or By way of an application for mandamus, injunction, prohibition, or certiorari; or By way of an application for a declaratory judgment: (c) Sending State means the participating State from which a pro­ tection order or protection proceedings are transferred to New Zealand under this Part and the interstate law of that State Young person includes a person— (a) Who is 17 years old or older; and (b) To whom a guardianship order made under section 110 applies.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
173 Part 3A s 207C Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 207C Meaning of protection order (1) In this Part, protection order— (a) Means a ﬁnal order under a child welfare law that makes the custody, guardianship, supervision, or support of a child or young person the responsibility (in whole or in part, and however that responsibility is described) of any 1 or more of the persons speciﬁed in subsection (2); and Includes an interim custody order made pursuant to sec­ tion 102 that makes the custody of a child or young per­ son the responsibility (in whole or in part) of any 1 or more of the persons speciﬁed in subsection (2).
(b) (2) (c) The persons referred to in subsection (1) are— (a) A government department or statutory authority: (b) A person who is the head of a government department or statutory authority or otherwise holds an ofﬁce or position in, or is employed in, a government department or statutory authority: An organisation or body approved or authorised by or under the child welfare law to exercise or perform powers, duties, or functions conferred, imposed, or prescribed by or under the child welfare law: The chief executive (by whatever name called) of an organisation or body referred to in paragraph (c).
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
(d) Transfer of protection orders from New Zealand by chief executive 207D Chief executive may transfer protection order (1) The chief executive may transfer a protection order (the home order) to a participating State if,— (a) In his or her opinion, a protection order to the same or a similar effect as the home order could be made under the child welfare law of that State; and The home order is not subject to an appeal to the High Court, or to any review proceedings; and (b) 174 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207D (c) The interstate ofﬁcer of the participating State has con­ sented in writing to the transfer and to the proposed terms of the protection order to be transferred (the in­ terstate order); and (d) Any consent required under section 207F has been (e) (f) given; and Any consultation required under section 207G has been carried out; and The child or young person is not subject to— (i) An order made under paragraph (c), or any of paragraphs (k) to (o), of section 283; or (ii) A community­based sentence under the (iii) Sentencing Act 2002; or a sentence of home detention imposed under sec­ tion 80A of the Sentencing Act 2002; and (g) Neither the chief executive, nor any ofﬁcer or employee of the Department, knows of any information laid, or of any proceedings pending before a Youth Court or any other court, that could lead to the child or young person being made subject to an order or sentence referred to in paragraph (f).
In determining whether a protection order to the same or a similar effect as the home order could be made under the child welfare law of a participating State, the chief executive must not take into account the maximum period for which such an order can have effect in that State.
Before deciding whether to transfer a protection order, the chief executive may request a Care and Protection Coordina­ tor to convene a family group conference for the purpose of considering whether the order should be transferred, and sec­ tions 20 to 36 apply, with any necessary modiﬁcation, to the convening of such a family group conference.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

Section 207D(1)(f)(ii): amended, on 1 October 2007, by section 58 of the Sen­ tencing Amendment Act 2007 (2007 No 27).
Subsection (1)(f)(ii) was amended, as from 30 June 2002, by section 186 Sen­ tencing Act 2002 (2002 No 9) by substituting “under the Sentencing Act 2002” for “, or a suspended sentence, under the Criminal Justice Act 1985”.

See sec­ 175 (2) (3) Part 3A s 207E Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 tions 148 to 160 of that Act for the savings and transitional provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Section 207D(1)(f)(iii): added, on 1 October 2007, by section 58 of the Sen­ tencing Amendment Act 2007 (2007 No 27).
207E Chief executive to have regard to certain matters In deciding whether to transfer a protection order, the chief executive must have regard to— (a) (b) The principles referred to in sections 5, 6, and 13; and The matters that section 130 requires a plan prepared under section 128 to specify, contain, or state; and (c) Whether an interstate ofﬁcer is in a better position to exercise powers and responsibilities under a protection order relating to the child or young person than the per­ son exercising those powers and responsibilities under the protection order; and The desirability of a protection order being an order under the child welfare law of the place where the child or young person resides.
(d) Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207F Consent required (1) This section applies if— (a) The home order is a support order made under section 91; or The home order is a custody order made under section 101 placing the child or young person in the custody of any of the persons speciﬁed in paragraphs (a) to (d) of that section; or The home order is a custody order made under section 101(e) and made subject to a condition that the chief executive or a Social Worker supervises the order; or The home order is a sole guardianship order made under section 110.
(b) (c) (d) (2) If this section applies, consent to the transfer of the order is required from— 176 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207G (a) (b) (c) Each parent of the child or young person (other than a parent who resides, or intends to reside, in the relevant participating State); and Each guardian of the child or young person (other than the chief executive); and each person who,— (i) (ii) under this Act, has custody of, or is given access to, or has the care of, the child or young person; or under the Care of Children Act 2004 or under an order under that Act, has the role of providing day­to­day care for, or may have contact with, that child or young person.
(3) Despite this section, the consent of a person is not required if the chief executive is not able to locate the person after having made all reasonable efforts to locate the person.

Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
Subsection (2)(c) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).
207G Consultation required (1) This section applies if the child or young person is subject to— A services order made under section 86 directing a per­ (a) son or organisation (other than the chief executive, or an ofﬁcer or employee of the Department) to provide services and assistance to the child or young person; or (b) A support order made under section 91 directing a per­ son or organisation (other than the chief executive, or an ofﬁcer or employee of the Department) to provide support to the child or young person.
(2) If this section applies, the chief executive must consult the per­ son or organisation on whether the order should be transferred.

Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
177 Part 3A s 207H Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) (3) 207H Conditions and duration of order to be transferred (1) The chief executive may include in the proposed interstate order any conditions that may be included in a protection order of that type made in the participating State.

The chief executive must determine, and specify in the inter­ state order, the period for which the interstate order is to re­ main in force.
The period must be a period— (a) That commences on the date of the registration of the interstate order in a participating State; and That is— (i) (b) The same as the period of the home order, if that is possible under the child welfare law of the par­ ticipating State; or In any other case, as similar a period as is pos­ sible under that law but in no case longer than the period of the home order.
(ii) Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207I Notice of decision to transfer (1) As soon as practicable but in any event no later than 3 work­ ing days after deciding to transfer a protection order, the chief executive must give a notice of the decision to— (a) (b) Each parent of the child or young person concerned; and The child or young person concerned, unless he or she is incapable of understanding the notice because of his or her level of maturity.
(2) A notice must also— (a) (b) State that the decision may be reviewed on certain grounds if, within 13 working days after the date of the decision, review proceedings are brought in the High Court and served on the chief executive; and Inform the child, young person, or parent on whom it is served that he or she may bring review proceedings (or, as the case requires, have review proceedings brought 178 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207K on his or her behalf) and how, in general terms, the review proceedings may be brought.
(3) Nothing in this section requires the chief executive to give a person a notice if the chief executive is not able to locate the person after having made all reasonable efforts to locate the person.

Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207J Review of decision to transfer Any review proceedings in respect of a decision to transfer a protection order— (a) Must be brought, and served on the chief executive, within 13 working days after the date of the decision, and the 13­working day period cannot be extended: (b) Operate on and after ﬁling as a stay of the decision until the review proceedings are withdrawn or ﬁnally deter­ mined.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
Transfer of protection orders from New Zealand by order of Court 207K Court may order transfer of protection order (1) A Court may order that a protection order be transferred to a participating State if— (a) The chief executive applies to the Court for the order to be transferred; and The Court has obtained and considered, in relation to the child or young person, a report from a Social Worker that covers the matters that section 130 requires a plan prepared under section 128 to specify, contain, or state; and The protection order is not subject to an appeal to the High Court, or to any review proceedings; and (b) (c) 179 Part 3A s 207K Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (d) (e) The interstate ofﬁcer of the participating State has con­ sented in writing to the transfer of the protection order and to the proposed terms of the order to be transferred; and The child or young person is not subject to— (i) An order made under paragraph (c), or any of paragraphs (k) to (o), of section 283; or (ii) A community­based sentence under the (f) (iii) Sentencing Act 2002; or a sentence of home detention imposed under sec­ tion 80A of the Sentencing Act 2002; and The chief executive certiﬁes that neither the chief ex­ ecutive, nor any ofﬁcer or employee of the Department, knows of any information laid, or of any proceedings pending before a Youth Court or any other court, that could lead to the child or young person being made sub­ ject to an order or sentence referred to in paragraph (e).
Before deciding whether to order the transfer of a protection order, the Court may direct a Care and Protection Co­ordin­ ator to convene a family group conference for the purpose of considering whether the transfer should be ordered, and sec­ tions 20 to 36 apply, with any necessary modiﬁcation, to the convening of such a family group conference.
Sections 188, 189, and 191 to 194 apply to a report obtained from a Social Worker under subsection (1)(b) as if it were a report obtained from a Social Worker under section 186.

Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
Section 207K(1)(e)(ii): amended, on 1 October 2007, by section 58 of the Sen­ tencing Amendment Act 2007 (2007 No 27).

Subsection (1)(e)(ii) was amended, as from 30 June 2002, by section 186 Sen­ tencing Act 2002 (2002 No 9) by substituting “under the Sentencing Act 2002” for “, or a suspended sentence, under the Criminal Justice Act 1985”.

See sec­ tions 148 to 160 of that Act for the transitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Section 207K(1)(e)(iii): added, on 1 October 2007, by section 58 of the Sen­ tencing Amendment Act 2007 (2007 No 27).
(2) (3) 180 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207N 207L Service of application (1) As soon as possible after the chief executive ﬁles in a Court an application under section 207K, the Registrar of the Court must serve copies of the application in accordance with sec­ tion 154 as if the application were an application by the chief executive under section 125 for the variation or discharge of the protection order to be transferred.
Section 155 (Court may dispense with service) applies, with any necessary modiﬁcation, to the service of copies of the ap­ plication.

(2) (3) A person served with proceedings under subsection (1) is en­ titled to appear and be heard as a party to the proceedings.

Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207M Court to have regard to certain matters In considering an application under section 207K, the Court must have regard to— (a) The principles referred to in sections 5, 6, and 13; and (b) Whether an interstate ofﬁcer is in a better position to exercise powers and responsibilities under a protection order relating to the child or young person than the per­ son exercising those powers and responsibilities under the protection order; and The desirability of a protection order being an order under the child welfare law of the place where the child or young person resides.
(c) Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207N Terms, conditions, and duration of order to be transferred If a Court orders that a protection order (the home order) be (1) transferred, the terms of the protection order to be transferred (the interstate order) must be terms that could be the terms of a protection order made under the child welfare law of the participating State and that the Court considers to be— 181 Part 3A s 207O Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (a) To the same or a similar effect as the terms of the home order; or (2) (3) (4) (5) (b) Otherwise appropriate for the child or young person.
The Court may include in the interstate order any conditions that could be included in a protection order of that type made in the participating State.

In determining whether terms that could be the terms of a pro­ tection order made under the child welfare law of the partici­ pating State are to the same or similar effect as the terms of the home order, the Court must not take into account the maximum period for which such an order can have effect in that State.
The Court must determine, and specify in the interstate order, the period for which the interstate order is to remain in force.

The period must be a period— (a) That commences on the date of the registration in the participating State of the interstate order; and That is possible for a protection order of the type of the proposed interstate order under the child welfare law of the participating State; and That the Court considers appropriate.
(c) Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
(b) 207O Appeal against order for transfer The following provisions apply to an appeal to the High Court under section 341 against an order that a protection order be transferred: (a) Despite section 346(b), the appeal is on a question of law only: (b) Despite section 342(1)(a), the appeal must be brought within 10 working days after the day on which the order was made, and the 10­working day period cannot be extended under section 342(1)(b) or otherwise: Despite section 344, the appeal operates on and after ﬁling as a stay of the order appealed against until the appeal is withdrawn or ﬁnally determined: (c) 182 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207Q (d) The appeal must be heard and determined by the High Court as soon as possible.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207P Review of order for transfer (1) Any review proceedings in respect of an order that a protection order be transferred— (a) Must be brought within 10 working days after the date of the order, and the 10­working day period cannot be extended: (b) Operate on and after ﬁling as a stay of the order until the review proceedings are withdrawn or ﬁnally deter­ mined.
Subsection (3) applies if a person— (a) Brings review proceedings in respect of an order that a protection order be transferred; and (b) Has also appealed to the High Court under section 341 against that order, and the High Court has not yet started to hear the appeal.

If this subsection applies in accordance with subsection (2), the High Court must hear both matters together, unless it considers it impracticable in the particular circumstances of the case to do so.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
(2) (3) Transfer of protection proceedings from New Zealand by order of Court 207Q Court may order transfer of protection proceedings (1) A Court may order that protection proceedings pending in the Court be transferred to the Children’s Court in a participating State if— (a) The chief executive applies to the Court for an order that the proceedings be transferred; and 183 Part 3A s 207R Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (b) (c) The interstate ofﬁcer of the participating State has con­ sented in writing to the transfer of the proceedings; and The child or young person is not subject to— (i) An order made under paragraph (c), or any of paragraphs (k) to (o), of section 283; or (ii) A community­based sentence under the (d) (iii) Sentencing Act 2002; or a sentence of home detention imposed under sec­ tion 80A of the Sentencing Act 2002; and The chief executive certiﬁes that neither the chief ex­ ecutive, nor any ofﬁcer or employee of the Department, knows of any information laid, or of any proceedings pending before a Youth Court or any other court, that could lead to the child or young person being made sub­ ject to an order or sentence referred to in paragraph (c).
Before deciding whether to order that protection proceedings be transferred, the Court may direct a Care and Protection Co­ordinator to convene a family group conference for the pur­ pose of considering whether the transfer should be ordered, and sections 20 to 36 apply, with any necessary modiﬁcation, to the convening of such a family group conference.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

(2) Section 207Q(1)(c)(ii): amended, on 1 October 2007, by section 58 of the Sen­ tencing Amendment Act 2007 (2007 No 27).
Subsection (1)(c)(ii) was amended, as from 30 June 2002, by section 186 Sen­ tencing Act 2002 (2002 No 9) by substituting “under the Sentencing Act 2002” for “, or a suspended sentence, under the Criminal Justice Act 1985”.

See sec­ tions 148 to 160 of that Act for the transitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

Section 207Q(1)(c)(iii): added, on 1 October 2007, by section 58 of the Sen­ tencing Amendment Act 2007 (2007 No 27).
207R Service of application (1) As soon as possible after the chief executive ﬁles in a Court an application under section 207Q, the Registrar of the Court must serve a copy of the application on— 184 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207S (a) (b) Each parent of the child or young person concerned or other person with whom the child or young person con­ cerned is living; and The child or young person concerned, unless he or she is incapable of understanding the application because of his or her level of maturity.
(2) Section 155 (Court may dispense with service) applies, with any necessary modiﬁcation, to the service of a copy of the application.

(3) A person served with proceedings under subsection (1) is en­ titled to appear and be heard as a party to the proceedings.

Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207S Court to have regard to certain matters (c) (b) In considering an application under section 207Q, the Court must have regard to— (a) Whether any other proceedings relating to the child or young person are pending, or have previously been heard and determined, under the child welfare law in the participating State; and The place or places where any of the matters giving rise to the proceedings in the Court occurred; and The place of residence, or likely place of residence, of the child or young person, his or her parents, and of any other people who are signiﬁcant to the child or young person; and (d) The principles referred to in sections 5, 6, and 13; and (e) Whether the chief executive or an interstate ofﬁcer is in the better position to exercise powers and responsi­ bilities under a protection order relating to the child or young person; and The desirability of a protection order being an order under the child welfare law of the place where the child or young person resides.
(f) Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman 185 Part 3A s 207T Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

207T Interim order (1) A Court that orders that protection proceedings be transferred may also make an interim order in respect of the child or young person concerned.
(2) An interim order— (3) (a) May release the child or young person into the care of any person, subject to any conditions that the Court con­ siders appropriate; and (b) May direct that supervision or support be provided to the child or young person by the interstate ofﬁcer in the participating State or by any other person who could be so directed under the child welfare law of that State.
Part 2 applies, with any necessary modiﬁcation, to an interim order, as if the interim order were an order made under section 78, except that an interim order— (a) Remains in force for the period (not exceeding 30 days) speciﬁed in the interim order: (b) May be varied, or revoked, or extended, by the Chil­ dren’s Court in the participating State in accordance with the interstate law of that State.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207U Appeal against order for transfer The following provisions apply to an appeal to the High Court under section 341 against an order that protection proceedings be transferred: (a) Despite section 346(b), the appeal is on a question of law only: (b) Despite section 342(1)(a), the appeal must be brought within 3 working days after the day on which the order was made, and the 3­working day period cannot be ex­ tended under section 342(1)(b) or otherwise: Despite section 344, the appeal operates on and after ﬁling as a stay of the order appealed against (but not (c) 186 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207W of any interim order made at the same time) until the appeal is withdrawn or ﬁnally determined: The appeal must be heard and determined by the High Court as soon as possible.
(d) Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

207V Review of order for transfer (1) Any review proceedings in respect of an order that protection proceedings be transferred must be brought within 3 work­ ing days after the day on which the order was made, and the 3­working day period cannot be extended.
Subsection (3) applies if a person— (a) Brings review proceedings in respect of an order that protection proceedings be transferred; and (2) (3) (b) Has also appealed to the High Court under section 341 against that order, and the High Court has not yet started to hear the appeal.

If this subsection applies in accordance with subsection (2), the High Court must hear both matters together, unless it considers it impracticable in the particular circumstances of the case to do so.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207W Transferred proceedings discontinued If a Court orders that protection proceedings be transferred, the proceedings are discontinued in the Court on the registration of the order in the Children’s Court of the participating State in accordance with the interstate law of that State.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
187 Part 3A s 207X Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Transfer of protection orders and protection proceedings to New Zealand 207X Registration of orders and proceedings to be transferred to New Zealand (1) As soon as practicable after a decision or order is made under an interstate law for the transfer to New Zealand of a protection order, the chief executive must register the protection order in a Court by ﬁling the protection order in the ofﬁce of the Court.
(2) As soon as practicable after an order is made under an inter­ state law for the transfer to New Zealand of protection pro­ ceedings, the chief executive must register the proceedings in a Court by ﬁling the order, together with any interim order made at the same time, in the ofﬁce of the Court.
The chief executive must not register a protection order, an order that protection proceedings be transferred, or an interim order, under this section if,— As the case requires,— (a) (i) (ii) The decision to transfer the protection order; or The order that the protection order be transferred; or (3) (iii) The order that the protection proceedings be transferred,— (b) is subject to appeal, or review, or a stay; or The period the interstate law allows for an appeal to be brought, or a review to be sought, has not expired.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207Y Notice of registration As soon as practicable after an order is registered in a Court under section 207X, the Registrar of the Court must give notice of the registration to— (a) The appropriate ofﬁcer of the Children’s Court in the sending State; and The interstate ofﬁcer of that State.
(b) Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman 188 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207ZA Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207Z Effect of registration (1) If a protection order is registered in a Court under section 207X,— (a) The order is to be treated for all purposes as a protection order of the relevant kind made by the Court under Part 2 on the day on which it is registered; but The making of the order cannot be appealed against under section 341.
(b) (2) (3) If an order made under an interstate law for the transfer to New Zealand of protection proceedings is registered in a Court under section 207X, the proceedings must be treated as having been commenced in the Court on the day on which the order is registered.
If an interim order is registered in a Court under section 207X,— (a) The order is to be treated for all purposes as if it were an order made by the Court under section 78 on the day on which it is registered; but The making of the interim order cannot be appealed against under section 341.
(b) Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207ZA Court to obtain plan for child or young person (1) As soon as practicable after a protection order of a kind re­ ferred to in section 128(2) is registered in a Court under section 207X, the Court must obtain a plan in relation to the child or young person concerned, and sections 129 to 133 apply, with any necessary modiﬁcation, to the obtaining of a plan required by this section, and to a plan required by this section.
(2) A person preparing a plan required by this section must have The terms of the protection order: regard to— (a) (b) Any plan, or other document (by whatever name called) that corresponds to a plan, prepared in relation to the 189 Part 3A s 207ZB Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (c) child or young person under the child welfare law of the sending State: The matters addressed in any report made to the Chil­ dren’s Court in the sending State in relation to the ap­ plication for the transfer of the protection order.
(3) On obtaining a plan required by this section, the Court must ﬁx a date in accordance with section 134 for the review of the plan, as if it were a plan required to be prepared under section 128, and sections 135 to 138 apply, with any necessary modiﬁcation, to— (a) (b) Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
The review of the plan; and The resulting report and revised plan.
207ZB Hearing and determination of transferred proceedings If an order made under an interstate law for the transfer to New Zealand of protection proceedings is registered in a Court under section 207X, the Court— (a) Is not bound by any ﬁnding of fact made in the proceed­ ings in the Children’s Court in the sending State; and (b) May have regard to any transcript of, or evidence ad­ duced in, the proceedings in the Children’s Court in the sending State.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207ZC Aboriginal or Torres Strait Islander children or young persons This section applies if— (a) A protection order, or an order made under an interstate law for the transfer to New Zealand of protection pro­ ceedings, is registered in a Court under section 207X; and (b) A child or young person concerned is an Aboriginal or a Torres Strait Islander.
(1) 190 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207ZE (2) If this section applies in accordance with subsection (1), a Court or person exercising a power conferred by or under this Act in relation to the child or young person must be guided by the principle referred to in section 5(b).
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207ZD Application to have registration revoked Any of the following persons may apply to a Court to have the registration of an order under section 207X revoked: The chief executive: (a) The child or young person concerned: (b) (c) A parent of the child or young person concerned: (d) A party to the proceedings in the Children’s Court in the sending State in which the decision to transfer the order or proceedings (as the case requires) was made.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207ZE Service of application (1) As soon as practicable after an application under section 207ZD is ﬁled in a Court, the Registrar of the Court must serve a copy of the application on— (a) (b) The interstate ofﬁcer of the sending State; and Each person (other than the applicant) who could have made an application.

(2) Section 155 (Court may dispense with service) applies, with any necessary modiﬁcation, to the service of a copy of the application.
(3) A person served with proceedings under subsection (1) is en­ titled to appear and be heard as a party to the proceedings.

Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
191 Part 3A s 207ZF Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 207ZF Revocation of registration (1) On an application under section 207ZD, the Court may revoke the registration of the order if, and only if, the Court is satisﬁed that, at the time of registration,— (a) As the case requires,— (i) The interstate ofﬁcer’s decision to transfer the protection order; or The order of the Children’s Court that the protec­ tion order be transferred; or (ii) (iii) The order of the Children’s Court that the protec­ (b) tion proceedings be transferred,— was subject to appeal, or review, or a stay; or The period the interstate law allows for an appeal to be brought, or review to be sought, had not expired.
The revocation of the registration of an order does not prevent the later re­registration of that order.

Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
(2) 207ZG Notice of revocation As soon as practicable after the registration of an order is re­ voked under section 207ZF, the Registrar of the Court must give notice of the revocation to— (a) The appropriate ofﬁcer of the Children’s Court in the sending State; and The interstate ofﬁcer of that State.
(b) Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207ZH Effect of revocation on plan and documents If the Court revokes the registration of an order under section 207ZF,— (a) The Court may, on its own initiative or on an applica­ tion for the purpose, make such orders as it thinks ﬁt with respect to the preparation or review of any plan or 192 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207ZJ (b) revised plan relating to the child or young person con­ cerned: The Registrar of the Court must send the documents ﬁled when the order was registered to the appropriate ofﬁcer of the Children’s Court in the sending State.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
Miscellaneous provisions 207ZI Expiry and revival of order transferred from New Zealand (2) (1) A protection order transferred from New Zealand (the home order) ceases to have effect under this Act on the date on which the interstate ofﬁcer registers a protection order (the interstate order) under the interstate law in the participating State to which the home order is transferred.
If the registration of the interstate order is revoked under the interstate law in the participating State to which the home order is transferred, then the home order is revived under this Act.

The home order is revived— (a) On the revocation; and (b) Until the time at which it would have ceased to have (3) effect if it had not been transferred.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207ZJ Expiry and revival of ancillary orders (1) This section applies if— (a) (b) A child or young person is the subject of a protection order (the home order) that ceases to have effect in accordance with section 207ZI(1); and That child or young person is subject to any other order (the ancillary order) that is an order of a kind referred to in any of paragraphs (b) to (h) (except paragraph (e)) of section 83(1).
193 Part 3A s 207ZK Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) (3) The ancillary order ceases to have effect under this Act at the same time as the home order ceases to have effect.

If the home order is revived in accordance with section 207ZI(2), the ancillary order is revived in the same way as the home order.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207ZK Transfer of Court ﬁle (1) (b) The Registrar of a Court must send all documents ﬁled in the Court in connection with protection proceedings to the appro­ priate ofﬁcer of the Children’s Court in a participating State if— (a) A protection order made in the proceedings, or the pro­ ceedings themselves, are transferred to the participating State under this Part; and The transfer decision or order is not subject to an appeal or a review or a stay; and The period allowed under this Part for bringing an ap­ peal, or bringing review proceedings, has expired.
The Registrar of the Court must make a copy of all documents sent under this section, and keep the copies for the same period as the sent documents would have been kept.

Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
(c) (2) 207ZL Disclosure of information to interstate ofﬁcer (1) This section applies to information that has come to the notice of the chief executive, or to an ofﬁcer or employee of the De­ partment, in the performance of duties or exercise of powers under this Act.
(2) Despite anything to the contrary in this Act, the chief executive may disclose to an interstate ofﬁcer information to which this section applies if the chief executive considers the disclosure necessary or desirable to enable the interstate ofﬁcer to per­ 194 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 3A s 207ZN form duties or exercise powers under a child welfare law or an interstate law.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

207ZM Information disclosed to chief executive by interstate (1) (2) (3) ofﬁcer This section applies to information that an interstate ofﬁcer has disclosed to the chief executive under a provision of a child welfare law or an interstate law that corresponds to section 207ZL.
Information to which this section applies is to be taken for the purposes of this Act to have been given directly to the chief executive in New Zealand instead of to the interstate ofﬁcer.

This section is subject to section 207ZN.

Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207ZN Department not to disclose information identifying (1) (2) (3) notiﬁer This section applies to information— (a) (b) To which section 207ZM applies; and That, if disclosed, would be likely to identify, or lead to the identiﬁcation of, a person (a notiﬁer) who notiﬁed the interstate ofﬁcer of the person’s belief that a child or young person was in need of care or protection.

This section does not apply to information that is or may be evidence of any grounds that the notiﬁer had for his or her belief.
The chief executive, or an ofﬁcer or employee of the Depart­ ment, must not disclose information to which this section ap­ plies unless— (a) The notiﬁer has consented in writing to the disclosure; or The disclosure is to enable— (b) 195 Part 3A s 207ZO Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (4) (i) The investigation, or consideration, of any need to take action under this Act in respect of the child or young person; or The taking of any such action; or (ii) The disclosure is in accordance with subsection (4).
(c) In proceedings in any court, or in any proceedings of a judicial nature, unless the notiﬁer has consented in writing or the court or tribunal concerned has granted leave,— (a) A witness must not be asked, and if asked is entitled to refuse to answer, a question the answer to which would be information to which this section applies; and Information to which this section applies is not admis­ sible as evidence.
(b) (5) A court or tribunal may grant leave under subsection (4) only if satisﬁed that the asking and answering of the question, or the admission as evidence of the information, is necessary— To ensure the safety and wellbeing of the child or young (a) person; or In the interests of justice.
(b) Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
207ZO Written consent of interstate ofﬁcer A document that purports to be the written consent of an interstate ofﬁcer (or of an interstate ofﬁcer’s authorised delegate) for the purposes of section 207D(1)(c) or section 207K(1)(d) or section 207Q(1)(b) is sufﬁcient evidence of that consent for the purposes of this Part, unless the contrary is proved.
Part 3A, comprising sections 207A to 207ZO, was inserted, as from 1 November 1999, by section 3 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
196 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 208 Part 4 Youth justice Principles 208 Principles Subject to section 5 of this Act, any Court which, or person who, exercises any powers conferred by or under this Part or Part 5 or sections 351 to 360 of this Act shall be guided by the following principles: (a) (b) (c) (d) (e) (f) The principle that, unless the public interest requires otherwise, criminal proceedings should not be instituted against a child or young person if there is an alternative means of dealing with the matter: The principle that criminal proceedings should not be instituted against a child or young person solely in order to provide any assistance or services needed to advance the welfare of the child or young person, or his or her family, whanau, or family group: The principle that any measures for dealing with offend­ ing by children or young persons should be designed— To strengthen the family, whanau, hapu, iwi, and (i) family group of the child or young person con­ cerned; and To foster the ability of families, whanau, hapu, iwi, and family groups to develop their own means of dealing with offending by their chil­ dren and young persons: (ii) The principle that a child or young person who commits an offence should be kept in the community so far as that is practicable and consonant with the need to ensure the safety of the public: The principle that a child’s or young person’s age is a mitigating factor in determining— (i) Whether or not to impose sanctions in respect of offending by a child or young person; and The nature of any such sanctions: (ii) The principle that any sanctions imposed on a child or young person who commits an offence should— (i) Take the form most likely to maintain and pro­ mote the development of the child or young per­ 197 Part 4 s 209 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (g) (h) son within his or her family, whanau, hapu, and family group; and Take the least restrictive form that is appropriate in the circumstances: (ii) The principle that any measures for dealing with offend­ ing by children or young persons should have due re­ gard to the interests of any victims of that offending: The principle that the vulnerability of children and young persons entitles a child or young person to spe­ cial protection during any investigation relating to the commission or possible commission of an offence by that child or young person.
Warnings and formal police cautions 209 Consideration of warning as alternative to prosecution Where an enforcement ofﬁcer is considering whether to insti­ tute criminal proceedings against a child or young person for an offence alleged or admitted to have been committed by that child or young person, that ofﬁcer shall consider whether it would be sufﬁcient to warn the child or young person, unless a warning is clearly inappropriate having regard to the serious­ ness of the offence and the nature and number of previous of­ fences committed by the child or young person.
210 Administration of warning Where, in respect of any offence alleged or admitted to have been committed by a child or young person, an enforcement ofﬁcer decides that it would be sufﬁcient to warn that child or young person, that ofﬁcer may warn the child or young person, or arrange for any other person to warn the child or young person.
211 Formal Police caution (1) Where, in respect of any offence admitted or proved to have been committed by a child or young person, a family group conference recommends that a formal Police caution be given to the child or young person, a member of the Police may cau­ tion the child or young person.
198 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 213 (2) The following provisions shall apply in respect of a formal Police caution given to a child or young person: (a) Where practicable, the caution shall be given at a Police (b) (c) station: The caution shall be given by a member of the Police who is of or above the rank of sergeant, or if no such member of the Police is available, by the highest rank­ ing member available: The caution shall be given in the presence of— (i) A parent or guardian or other person having the care of the child or young person; or (ii) An adult person nominated by the child or young person.
212 Notice of warning or caution (1) Every person who gives a warning pursuant to section 210 of this Act, or a formal Police caution pursuant to section 211 of this Act, to any child or young person shall, as soon as practic­ able after giving that warning or caution, give written notice specifying the offence in respect of which the warning or cau­ tion is given, and recording the fact that a warning or caution has been given in respect of that offence, to the child or young person and a parent or guardian or other person having the care of the child or young person.
(2) Where practicable, every such notice shall be given in lan­ guage that can be understood by the child or young person and the parent or guardian or other person having the care of the child or young person.
213 Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings Where, in respect of any offence alleged or admitted or proved to have been committed by a child or young person, a warning or formal Police caution is given to that child or young person pursuant to section 210 or section 211 of this Act,— (a) No information relating to that warning or that caution shall be disclosed, other than on behalf of the defence, 199 Part 4 s 214 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 in any criminal proceedings against that child or young person: (b) No evidence of that offence shall be admissible, on be­ half of the prosecution, in any criminal proceedings against that child or young person for any other offence.
Arrest of child or young person without warrant 214 Arrest of child or young person without warrant (1) Subject to sections 233 and 244 of this Act, where, under any enactment, any enforcement ofﬁcer has a power of arrest with­ out warrant, that ofﬁcer shall not arrest a child or young person pursuant to that power unless that ofﬁcer is satisﬁed, on rea­ sonable grounds,— (a) That it is necessary to arrest that child or young person without warrant for the purpose of— (i) Ensuring the appearance of the child or young person before the Court; or Preventing that child or young person from com­ mitting further offences; or (ii) (iii) Preventing the loss or destruction of evidence re­ lating to an offence committed by the child or young person or an offence that the enforcement ofﬁcer has reasonable cause to suspect that child or young person of having committed, or pre­ venting interference with any witness in respect of any such offence; and (b) Where the child or young person may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.
(2) Nothing in subsection (1) of this section prevents a member of the Police from arresting a child or young person without warrant on a charge of any offence where— (a) The member of the Police has reasonable cause to sus­ pect that the child or young person has committed a purely indictable offence; and The member of the Police believes, on reasonable grounds, that the arrest of the child or young person is required in the public interest.
(b) 200 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 215 (3) Every enforcement ofﬁcer who arrests a child or young person without warrant shall, within 3 days of making the arrest, fur­ nish a written report— (a) Where that enforcement ofﬁcer is a member of the Po­ (4) lice, to the Commissioner of Police: (b) Where that enforcement ofﬁcer is a trafﬁc ofﬁcer who is a non­sworn member of the Police, to the Commissioner of Police: (c) Where that enforcement ofﬁcer is an ofﬁcer or em­ ployee of the Public Service, to the chief executive of the Department of which that person is an ofﬁcer or employee: (d) Where that enforcement ofﬁcer is an ofﬁcer of a local authority, to the chief executive of that local authority.
Every report furnished pursuant to subsection (3) of this sec­ tion in respect of the arrest of any child or young person shall state the reason why the child or young person was arrested without warrant.

Compare: Children’s Services Ordinance 1986 (Australian Capital Territory), No 13, 1986, s 31 Subsection (3)(b) was substituted, as from 1 July 1992, by section 36 Transport Amendment Act (No 2) 1992 (1992 No 67).
Subsection (3)(d) was amended, as from 1 July 2003, by section 262 Local Gov­ ernment Act 2002 (2002 No 84) by substituting “chief executive” for “principal administrative ofﬁcer”.

See sections 273 to 314 of that Act as to the savings and transitional provisions.
Rights of children and young persons when questioned, charged with offence, or arrested 215 Child or young person to be informed of rights before (1) questioned by enforcement ofﬁcer Subject to sections 233 and 244 of this Act, every enforce­ ment ofﬁcer shall, before questioning any child or young per­ son whom there are reasonable grounds to suspect of having committed an offence, or before asking any child or young person any question intended to obtain an admission of an of­ fence, explain to that child or young person— (a) Subject to subsection (2) of this section, if the circum­ stances are such that the enforcement ofﬁcer would have power to arrest the child or young person without war­ 201 Part 4 s 215 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (b) (c) (d) (e) (f) rant, that the child or young person may be arrested if, by refusing to give his or her name and address to the enforcement ofﬁcer, the child or young person cannot be served with a summons; and Subject to subsection (2) of this section, that the child or young person is not obliged to accompany the en­ forcement ofﬁcer to any place for the purpose of being questioned, and that if the child or young person con­ sents to do so, that he or she may withdraw that consent at any time; and That the child or young person is under no obligation to make or give any statement; and That if the child or young person consents to make or give a statement, the child or young person may with­ draw that consent at any time; and That any statement made or given may be used in evi­ dence in any proceedings; and That the child or young person is entitled to consult with, and make or give any statement in the presence of, a barrister or solicitor and any person nominated by the child or young person in accordance with section 222 of this Act.
(2) Nothing in paragraph (a) or paragraph (b) of subsection (1) of this section applies where the child or young person is under arrest.

(3) Without limiting subsection (1) of this section, where, during the course of questioning a child or young person, an enforce­ ment ofﬁcer forms the view that there are reasonable grounds to suspect the child or young person of having committed an offence, the enforcement ofﬁcer shall, before continuing the questioning, give the explanation required by that subsection.
Subsection (1) was amended, as from 8 January 1995, by section 30(1) Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “whom there are reasonable grounds to suspect of having com­ mitted an offence, or before asking any child or young person any question intended to obtain an admission of an offence” for “in relation to the commis­ sion or possible commission of an offence by that child or young person”.
Subsection (3) was inserted, as from 8 January 1995, by section 30(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
202 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 217 215A Rights to be explained to child or young person on request Subject to sections 233 and 244 of this Act, where— (a) (b) Any enforcement ofﬁcer is questioning any child or young person in relation to that child’s or young per­ son’s involvement in the commission of any offence or suspected offence; and That child or young person makes any enquiry of that enforcement ofﬁcer, being an enquiry that relates (in whole or in part), or that may reasonably be taken as relating (in whole or in part), to any of the matters set out in any of paragraphs (a) to (f) of section 215(1) of this Act,— that enforcement ofﬁcer shall explain to that child or young person such of those matters as, in the circumstances of the particular case, are appropriate to the enquiry that was made.
Section 215A was inserted, as from 8 January 1995, by section 31(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
216 Enforcement ofﬁcer to explain rights to child or young person who is to be charged with offence Subject to sections 233 and 244 of this Act, where— (a) An enforcement ofﬁcer is questioning a child or young person in relation to the commission or possible com­ mission of an offence by that child or young person; and That enforcement ofﬁcer makes up his or her mind to charge that child or young person with an offence,— (b) the enforcement ofﬁcer shall explain to that child or young person— (c) Except where the child or young person is under arrest, the matters speciﬁed in paragraphs (a) and (b) of section 215(1) of this Act; and The matters speciﬁed in paragraphs (c) to (f) of section 215(1) of this Act.
(d) 217 Rights to be explained to child or young person who is arrested Subject to sections 233 and 244 of this Act, every enforcement ofﬁcer shall, on arresting any child or young person pursuant to section 214 of this Act, explain to that child or young person 203 Part 4 s 218 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 the matters speciﬁed in paragraphs (c) to (f) of section 215(1) of this Act.
218 Explanations to be given in manner and language appropriate to age and level of understanding of child or young person Every explanation required to be given to a child or young per­ son pursuant to section 215 or section 215A or section 216 or section 217 of this Act shall be given in a manner and in lan­ guage that is appropriate to the age and level of understanding of the child or young person.
Section 218 was amended, as from 8 January 1995, by section 31(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by inserting “or section 215A”.
219 Explanations not required if child or young person already informed of rights Nothing in section 215 or section 215A or section 216 or sec­ tion 217 of this Act requires any explanation to be given to a child or young person if the same explanation has been given to the child or young person not earlier than 1 hour before the later explanation would, apart from this section, be required to be given.
Section 219 was amended, as from 8 January 1995, by section 31(3) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by inserting “or section 215A”.

220 Other enactments requiring information or particulars not affected Nothing in section 215 or section 215A or section 216 or sec­ tion 217 of this Act limits or affects any other enactment or rule of law that imposes a requirement on any person to sup­ ply any information or particulars to an enforcement ofﬁcer.
Section 220 was amended, as from 8 January 1995, by section 31(4) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by inserting “or section 215A”.
204 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 221 Provisions relating to admissibility of statements made by children and young persons 221 Admissibility of statements made by children and young (1) (2) persons This section applies to— (a) (b) Every child or young person who is being questioned by an enforcement ofﬁcer in relation to the commission or possible commission of an offence by that child or young person: Every child or young person— (i) Who has been arrested pursuant to section 214 of this Act; or (ii) Whom any enforcement ofﬁcer has made up his or her mind to charge with the commission of an offence; or (iii) Who has been detained in the custody of an enforcement ofﬁcer following arrest pursuant to section 214 of this Act.
Subject to sections 223 to 225 and sections 233 and 244 of this Act, no oral or written statement made or given to any enforcement ofﬁcer by a child or young person to whom this section applies is admissible in evidence in any proceedings against that child or young person for an offence unless— (a) Before the statement was made or given, the enforce­ ment ofﬁcer has explained in a manner and in language that is appropriate to the age and level of understanding of the child or young person,— (i) Except where subsection (1)(b)(i) or (iii) of this section applies, the matters speciﬁed in para­ graphs (a) and (b) of section 215(1) of this Act; and The matters speciﬁed in paragraphs (c) to (f) of section 215(1) of this Act; and (ii) (b) Where the child or young person wishes to consult with a barrister or solicitor and any person nominated by that child or young person in accordance with section 222 of this Act, or either of those persons, before making or giving the statement, the child or young person consults 205 Part 4 s 222 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (c) with those persons or, as the case requires, that person; and The child or young person makes or gives the statement in the presence of one or more of the following persons: (i) (ii) Any person nominated by the child or young per­ A barrister or solicitor: son in accordance with section 222 of this Act: (iii) Where the child or young person refuses or fails to nominate any person in accordance with sec­ tion 222 of this Act,— (A) Any person referred to in paragraph (a) or paragraph (b) of section 222(1) of this Act; or (B) Any other adult (not being an enforcement ofﬁcer).
222 Persons who may be nominated for the purposes of (1) section 221(2)(b) or (c) Subject to subsection (2) of this section, a child or young per­ son may nominate one of the following persons for the pur­ poses of section 221(2)(b) or (c) of this Act: (a) A parent or guardian of the child or young person: (b) An adult member of the family, whanau, or family (c) (d) group of the child or young person: Any other adult selected by the child or young person: If the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an enforcement ofﬁcer) nominated for the purpose by an enforcement ofﬁcer.
(2) Where an enforcement ofﬁcer believes, on reasonable grounds, that any person nominated by a child or young per­ son pursuant to subsection (1)(a) or (b) or (c) of this section,— If permitted to consult with the child or young person (a) pursuant to section 221(2)(b) of this Act, would attempt, or would be likely to attempt, to pervert the course of justice; or 206 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 224 (b) Cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances,— that enforcement ofﬁcer may refuse to allow the child or young person to consult with that person.
(3) Where, pursuant to subsection (2) of this section, a child or young person is not permitted to consult with a person nom­ inated by that child or young person pursuant to subsection (1) of this section, that child or young person shall, subject to subsection (2) of this section, be permitted to consult with any other person nominated by that child or young person pursuant to subsection (1) of this section.
It is the duty of any person nominated pursuant to subsection (1) of this section— (a) (4) (b) To take reasonable steps to ensure that the child or young person understands the matters explained to the child or young person under section 221(2)(a) of this Act; and To support the child or young person— (i) (ii) Before and during any questioning; and If the child or young person agrees to make or give any statement, during the making or giving of the statement.
Subsection (4) was inserted, as from 8 January 1995, by section 32 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

223 Section 221 not to apply where statement made before requirements of that section can be met Nothing in section 221 of this Act applies to an oral statement made by a child or young person spontaneously and before an enforcement ofﬁcer has had a reasonable opportunity to comply with the requirements of that section.
224 Reasonable compliance sufﬁcient No statement shall be inadmissible pursuant to section 221 of this Act on the grounds that any requirement imposed by that section has not been strictly complied with or has not been complied with at all, provided that there has been reasonable compliance with the requirements imposed by that section.
207 Part 4 s 225 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 225 Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected Nothing in section 221 of this Act limits or affects— (a) Any other enactment or rule of law (not being an enact­ ment or rule of law inconsistent with the provisions of that section) relating to the admissibility of statements and confessions; or (b) Any other enactment or rule of law that imposes a re­ quirement on any person to supply any information or particulars to an enforcement ofﬁcer.
226 Evidence of communications during consultation not admissible Notwithstanding any other enactment or rule of law, no evi­ dence of any communication (whether oral, written, or in any other form) that occurs between a child or young person and any person with whom that child or young person is consulting pursuant to section 221(2)(b) of this Act while that consult­ ation is taking place shall be admissible on behalf of the pros­ ecution in any proceedings against that child or young person for any offence.
Entitlement to consult barrister or solicitor (1) 227 Child or young person at enforcement agency ofﬁce for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor Subject to sections 233 and 244 of this Act, an enforcement ofﬁcer shall, in relation to any child or young person who is at an enforcement agency ofﬁce for questioning in relation to the commission or possible commission of an offence by that child or young person, as soon as practicable after the child or young person arrives at the enforcement agency ofﬁce, inform that child or young person that the child or young person is entitled to consult with a barrister or solicitor.
Subject to sections 233 and 244 of this Act, every enforcement ofﬁcer who arrests a child or young person shall, on arresting (2) 208 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 228 (3) the child or young person, inform the child or young person that the child or young person is entitled to consult with a bar­ rister or solicitor at the enforcement agency ofﬁce to which the child or young person is to be taken following arrest or, if the child or young person is arrested at an enforcement agency of­ ﬁce, at that ofﬁce.
Subject to sections 233 and 244 of this Act, every child or young person who is at an enforcement agency ofﬁce for ques­ tioning in relation to the commission or possible commission of an offence by that child or young person, or who is taken to an enforcement agency ofﬁce following arrest, or who is ar­ rested at an enforcement agency ofﬁce, as the case may be, is entitled to consult privately with a barrister or solicitor at that enforcement agency ofﬁce.
(4) Nothing in subsection (3) of this section limits section 13G(3) of the Misuse of Drugs Amendment Act 1978.
228 Entitlement of child or young person to consult with (1) barrister or solicitor where taken to hospital following arrest or questioned at hospital Subject to sections 233 and 244 of this Act, every child or young person— (a) Who is taken to a hospital for treatment following ar­ rest; or (b) Who is arrested while at a hospital for treatment; or (c) Who, while at any hospital for treatment, is to be ques­ tioned by an enforcement ofﬁcer in relation to the com­ mission or possible commission of an offence by that child or young person— is entitled to consult privately with a barrister or solicitor at that hospital.
(2) Nothing in subsection (1) of this section limits section 13G(3) of the Misuse of Drugs Amendment Act 1978.
209 Part 4 s 229 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Notiﬁcation of parents and other persons where child or young person being questioned or is arrested 229 Parents or guardians or other persons to be informed where child or young person at enforcement agency ofﬁce for questioning in relation to commission or possible commission of offence or is arrested Subject to sections 233 and 244 of this Act, an enforcement ofﬁcer shall, in relation to any child or young person who is at an enforcement agency ofﬁce for questioning in relation to the commission or possible commission of an offence by that child or young person, or who is at an enforcement agency ofﬁce following arrest, as soon as practicable after the child or young person arrives at the enforcement agency ofﬁce for questioning, or is taken to the enforcement agency ofﬁce fol­ lowing arrest, or in the case of a child or young person who is arrested at an enforcement agency ofﬁce, is arrested, as the case may be,— (a) Inform a person nominated by the child or young person in accordance with section 231 of this Act that the child or young person is at the enforcement agency ofﬁce for questioning or has been arrested and that the child or young person may be visited at the enforcement agency ofﬁce; and (b) Where— (i) The person nominated by the child or young per­ son for the purposes of paragraph (a) of this sub­ section is not a parent or guardian or other person having the care of the child or young person; or The child or young person refuses or fails to nominate any person in accordance with section 231 of this Act,— (ii) unless it is impracticable to do so, inform the parents or guardians or other persons having the care of the child or young person that the child or young person is at the enforce­ ment agency ofﬁce for questioning or has been arrested.
Subject to sections 233 and 244 of this Act, every person who is informed pursuant to subsection (1)(a) of this section that (1) (2) 210 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 230 a child or young person has been taken to an enforcement agency ofﬁce or arrested— (a) Is entitled to visit that child or young person at the en­ forcement agency ofﬁce; and Shall, as soon as practicable after that person arrives at the enforcement agency ofﬁce to visit the child or young person, have explained to him or her by an enforcement ofﬁcer, in language that can be understood by that per­ son, the matters speciﬁed in paragraphs (c) to (f) of sec­ tion 215(1) of this Act; and Subject to subsection (3) of this section, is entitled to consult privately with that child or young person during that visit.
(b) (c) (3) Nothing in subsection (2)(c) of this section entitles any person to consult privately with a child or young person (being a child or young person who has been arrested)— (a) In the absence of any enforcement ofﬁcer who is for the time being guarding that child or young person; or (b) Otherwise than subject to such reasonable conditions as may be necessary to ensure the safety of the child or young person or to prevent the commission of any offence.
Compare: Children’s Services Ordinance 1986 (Australian Capital Territory), No 13, 1986, ss 29, 32 230 Evidence of communications during visit not admissible Notwithstanding any other enactment or rule of law, no evi­ dence of any communication (whether oral, written, or in any other form) that occurs between a child or young person who is at an enforcement agency ofﬁce and any person who is visit­ ing that child or young person pursuant to section 229(2) of this Act while that visit is taking place shall be admissible on behalf of the prosecution in any proceedings against that child or young person for any offence.
211 Part 4 s 231 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 231 Persons who may be nominated for the purposes of (1) section 229(1)(a) Subject to subsection (2) of this section, a child or young per­ son may nominate one of the following persons for the pur­ poses of section 229(1)(a) of this Act: (a) A parent or guardian of the child or young person: (b) An adult member of the family, whanau, or family (c) (d) group of the child or young person: Any other adult selected by the child or young person: If the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an enforcement ofﬁcer) nominated for the purpose by an enforcement ofﬁcer.
(2) Where an enforcement ofﬁcer believes, on reasonable grounds, that any person nominated by a child or young per­ son pursuant to subsection (1)(a) or (b) or (c) of this section, if permitted to visit the child or young person pursuant to section 229(2)(a) of this Act, would attempt, or would be likely to attempt, to pervert the course of justice, that enforcement ofﬁcer may refuse to allow that person to visit the child or young person.
(3) Where, pursuant to subsection (2) of this section, a person nominated by a child or young person pursuant to subsection (1) of this section is not permitted to visit that child or young person, any other person nominated by that child or young per­ son pursuant to subsection (1) of this section shall, subject to subsection (2) of this section, be permitted to visit that child or young person pursuant to section 229(2)(a) of this Act.
It is the duty of any person nominated pursuant to subsection (1) of this section— (a) (4) To take reasonable steps to ensure that the child or young person understands the matters explained to the child or young person under section 221(2)(a) of this Act; and To support the child or young person— (i) Before and during any questioning; and (b) 212 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 234 (ii) If the child or young person agrees to make or give any statement, during the making or giving of the statement.
Subsection (4) was inserted, as from 8 January 1995, by section 33 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
232 Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person (1) Where a child or young person who has been arrested is charged with the commission of an offence, an enforcement ofﬁcer shall, as soon as practicable, give oral or written notice specifying the nature of the charge to— (a) (b) A parent or guardian or other person having the care of The child or young person; and (c) the child or young person; and The person nominated by the child or young person pur­ suant to section 231 of this Act.
(2) Every such notice shall be given in language that can be under­ stood by all the persons who are required, by subsection (1) of this section, to be given that notice.
Breath­alcohol and blood­alcohol provisions of Transport Act 1962 not affected 233 Breath­alcohol and blood­alcohol provisions of Land Transport Act 1998 not affected Nothing in the provisions of sections 214 to 232 limits or af­ fects the powers of an enforcement ofﬁcer under any of the provisions of sections 68 to 72 of the Land Transport Act 1998.

Section 233 was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Custody of child or young person following arrest or pending hearing 234 Custody of child or young person following arrest Subject to sections 235, 236, and 244 of this Act, where a child or young person is arrested with or without warrant, a member of the Police shall— 213 Part 4 s 235 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (c) Release the child or young person; or (a) (b) Where the child or young person may be released on bail under section 21 of the Bail Act 2000, release the child or young person on bail; or Deliver the child or young person into the custody of— Any parent or guardian or other person having (i) the care of the child or young person; or (ii) With the agreement of the child or young person, any Iwi Social Service or Cultural Social Service; or (iii) With the agreement of the child or young person, any other person or organisation approved by the chief executive or a member of the Police for the purpose.
Compare: 1974 No 72 s 43(1); 1982 No 135 s 10; 1983 No 129 s 10(1) Paragraph (b) was substituted, as from 1 January 2001, by section 74(2)Bail Act 2000 (2000 No 38).

See section 75 of that Act as to the savings provisions.

Paragraph (c)(ii) was substituted, as from 8 January 1995, by section 46 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Paragraph (c)(iii) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
235 Child or young person who is arrested may be placed in custody of chief executive (1) Notwithstanding section 234 of this Act but subject to section 244 of this Act, where a member of the Police has reasonable grounds for believing, in relation to any child or young person who has been arrested, that— (a) The child or young person is not likely to appear before the Court; or The child or young person may commit further of­ fences; or It is necessary to prevent— (i) The loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the member of the Police has reasonable cause to suspect the child or young person of having committed; or (b) (c) 214 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 236 (ii) Interference with any witness in respect of any such offence,— the member of the Police shall, as soon as practicable and not later than 24 hours after the arrest, place the child or young person in the custody of the chief executive in accordance with subsection (2) of this section.
(2) A child or young person shall be placed in the custody of the (b) chief executive pursuant to this section by— (a) Delivering the child or young person to a Social Worker; and Presenting to the Social Worker, on the prescribed form, details relating to— (i) (ii) The identity of the child or young person; and The circumstances of the arrest of the child or young person; and (3) (iii) The date and time of the intended appearance of the child or young person before the Court having jurisdiction in the matter in relation to which the child or young person was arrested.
Placement of a child or young person in the custody of the chief executive under subsection (1) of this section shall be sufﬁcient authority for the detention of the child or young per­ son by a Social Worker or in a residence under this Act, or under the care of any suitable person approved by a Social Worker.
(4) No member of the Police shall exercise the power conferred by subsection (1) of this section merely because the member of the Police believes that any child or young person is in need of care or protection (as deﬁned in section 14 of this Act).
Compare: 1974 No 72 s 43(2), (5); 1982 No 135 s 10; 1983 No 129 s 10(2), (3) Subsection (1) to (3) were amended, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82) by sub­ stituting “chief executive” for “Director­General”.
236 Young person who is arrested may be detained in Police custody (1) Notwithstanding the provisions of sections 234 and 235 of this Act but subject to section 244 of this Act, where a senior Social 215 Part 4 s 237 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Worker and a member of the Police, being a senior sergeant or a commissioned ofﬁcer, are satisﬁed on reasonable grounds— That a young person who has been arrested is likely to (a) abscond or be violent; and That suitable facilities for the detention in safe custody of that young person are not available to the chief ex­ ecutive,— (b) the young person may, on the joint certiﬁcate in the prescribed form of that senior Social Worker and that member of the Po­ lice, be detained in Police custody for a period exceeding 24 hours and until appearance before the Court.
(2) Where a senior Social Worker and a member of the Police issue a joint certiﬁcate under subsection (1) of this section, there shall, within 5 days after the day on which the certiﬁcate is issued, be furnished by the senior Social Worker to the chief executive and by the member of the Police to the Commis­ sioner of Police— (a) (b) A written report stating— A copy of the certiﬁcate; and (i) (ii) The circumstances in which the certiﬁcate came to be issued; and The duration of the period for which the young person has been detained, or is likely to be de­ tained, in Police custody.
Compare: 1974 No 72 s 43(3), (4); 1982 No 135 s 10 Subsections (1)(b) and (2) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
237 Child or young person who is arrested to be brought before Court as soon as possible Subject to section 244 of this Act, a child or young person to whom section 235 or section 236 of this Act applies shall be brought before a Youth Court or, as the case requires, a Family Court, as soon as possible, to be dealt with according to law.
Compare: 1974 No 72 s 43(5); 1982 No 135 s 10; 1983 No 129 s 10(3) 216 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 238 238 Custody of child or young person pending hearing (1) Where a child or young person appears before a Youth Court, the Court shall— (a) (b) (c) Release the child or young person; or Release the child or young person on bail; or Order that the child or young person be delivered into the custody of the parents or guardians or other persons having the care of the child or young person or any person approved by a Social Worker for the purpose; or Subject to section 239(1) of this Act, order that the child or young person be detained in the custody of the chief executive, an Iwi Social Service, or a Cultural Social Service; or Subject to section 239(2) of this Act, order that the child or young person be detained in Police custody.
(d) (e) (1A) (1B) (1C) (2) The Court shall not refuse bail to a child or young person merely because the Court considers that the child or young person is in need of care or protection (as deﬁned in section 14 of this Act).
Compare: 1974 No 72 s 43(6); 1982 No 135 s 10 Subsection (1)(d) was amended, as from 8 January 1995, by section 46 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service, or a Cultural Social Service” for “Iwi Au­ thority, or a Cultural Authority”.

Subsection (1)(d) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
Subsections (1A) to (1C) were inserted, as from 30 June 2002, by section 161 Sentencing Act 2002 (2002 No 9).

See sections 148 to 160 of that Act for the savings and transitional provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

Subsections (1A) to (1C) expired, as from 30 June 2004, pursuant to section 239A Children, Young Persons, and their Families Act 1989 (1989 No 24).
217 Part 4 s 239 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 239 Restrictions on power of Court to order child or young person to be detained in custody The Court shall not make an order under section 238(1)(d) of this Act for the detention of a child or young person in the cus­ tody of the chief executive or an Iwi Social Service or a Cul­ tural Social Service unless it appears to the Court that pending the determination of the charge— (a) (b) The child or young person is likely to abscond; or The child or young person may commit further of­ fences; or It is necessary to prevent the loss or destruction of evi­ dence relating to the offence with which the child or young person is charged or prevent interference with any witness in respect of any such offence.
(c) The Court shall not make an order under section 238(1)(e) of this Act for the detention of a child or young person in Police custody unless the Court is satisﬁed— (a) That the child or young person is likely to abscond or be violent; and That suitable facilities for the detention in safe custody of that child or young person are not available to the chief executive.
(b) (1) (2) (3) Compare: 1974 No 72 s 43(6); 1982 No 135 s 10 Subsection (1) was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Author­ ity, or a Cultural Authority”.
Subsections (1) and (2)(b) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsection (3) was inserted, as from 30 June 2002, by section 162 Sentencing Act 2002 (2002 No 9).

See sections 148 to 160 of that Act for the savings and transitional provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Subsection (3) expired, as from 30 June 2004, pursuant to section 239A Chil­ dren, Young Persons, and their Families Act 1989 (1989 No 24).

239A Expiry of sections 238(1A) to (1C), and 239(3) Sections 238(1A) to (1C) and 239(3) expire at the close of 30 June 2004.

218 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 242 Section 239A was inserted, as from 30 June 2002, by section 163 Sentencing Act 2002 (2002 No 9).
See sections 148 to 160 of that Act for the savings and transitional provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
240 Conditions of bail (1) Where a child or young person is released on bail pursuant to section 238(1)(b) of this Act, the Court may impose as a con­ dition of that child’s or young person’s release that the child or young person shall not during a speciﬁed period be absent from home or engage in a particular activity without the con­ sent of the parents or guardians or other persons having the care of the child or young person.
The power conferred by subsection (1) is in addition to the powers conferred on a Court by section 31 of the Bail Act 2000.

Subsection (2) was substituted, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).

See section 75 of that Act as to the savings provisions.

(2) 241 Review of orders made under section 238 A Youth Court or the High Court may, from time to time, re­ view any order made under section 238 of this Act.
Compare: 1974 No 72 s 43(7); 1982 No 135 s 10 242 Order under section 238 sufﬁcient authority for detention (1) of child or young person The making of an order under section 238(1)(d) of this Act for the detention of a child or young person in the custody of the chief executive shall be sufﬁcient authority— (a) For the detention of the child or young person in a resi­ dence under this Act; and For the detention of the child or young person in Police custody for a period of not more than 24 hours at any one time if a senior Social Worker and a member of the Police, being a senior sergeant or a commissioned ofﬁcer, are satisﬁed on reasonable grounds— (i) That the child or young person is likely to ab­ scond or be violent; and (b) 219 Part 4 s 243 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) (ii) That suitable facilities for the detention in safe custody of that child or young person are not available to the chief executive.
The making of an order under section 238(1)(e) of this Act for the detention of a child or young person in Police custody shall be sufﬁcient authority for the detention of the child or young person in Police custody.

Compare: 1974 No 72 s 43(8); 1982 No 135 s 10 Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
243 Other powers to grant bail not affected Nothing in section 238 of this Act limits the inherent juris­ diction of the High Court or the provisions of any Act under which a child or young person may be granted bail, except that any powers conferred by any such provisions on a Dis­ trict Court shall, where the person charged is a child or young person (other than one charged with murder or manslaughter), be exercised by a Youth Court.
Compare: 1974 No 72 s 43(11); 1982 No 135 s 10 Powers under Immigration Act 1987 not affected 244 Immigration Act 1987 (other than sections 126(4) and 142) not affected Nothing in sections 214 to 243 of this Act limits or affects any provision of the Immigration Act 1987 other than sections 126(4) and 142 of that Act.
Prosecution of children and young persons 245 Proceedings not to be instituted against young person unless Youth Justice Co­ordinator consulted and family group conference held (1) Where a young person is alleged to have committed an offence, and the offence is such that if the young person is charged he or she will be required pursuant to section 272 of this Act to be brought before a Youth Court then, unless the 220 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 246 young person has been arrested, no information in respect of that offence shall be laid unless— (a) The informant believes that the institution of criminal proceedings against the young person for that offence is required in the public interest; and Consultation in relation to the matter has taken place between— (i) The informant, or a person acting on the infor­ mant’s behalf; and (ii) A Youth Justice Co­ordinator; and The matter has been considered by a family group con­ ference convened under this Part of this Act.
(b) (c) (2) Notwithstanding anything in subparagraph (i) of paragraph (b) of subsection (1) of this section, where the informant is not an enforcement ofﬁcer, the consultation required by that para­ graph shall be consultation between a Youth Justice Co­ordin­ ator and an enforcement ofﬁcer authorised in that behalf by the informant.
Compare: 1974 No 72 s 26; 1977 No 126 s 6(1) 246 Procedure where young person arrested and brought before Court Where a young person is arrested for an offence (other than murder or manslaughter or a trafﬁc offence not punishable by imprisonment) and is brought before a Youth Court to answer the charge, the following provisions shall apply: (a) If, after consulting with the barrister or solicitor repre­ senting the young person or with a Youth Advocate, the young person denies the charge, then the charge shall be dealt with in accordance with sections 273 to 276 of this Act: In any other case the Court shall not enter a plea to the charge but shall— (i) Direct a Youth Justice Co­ordinator to convene a family group conference in relation to the matter; and (ii) Adjourn the proceedings until that family group conference had been held.
221 (b) Part 4 s 247 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 247 Youth Justice Co­ordinator to convene family group conference Where— (a) Pursuant to section 18(3) of this Act, a Youth Justice Co­ordinator is required to convene a family group con­ ference; or (c) (b) After any consultations under section 245(1)(b) of this Act in relation to any offence alleged to have been com­ mitted by a young person, a Youth Justice Co­ordinator is notiﬁed by an enforcement ofﬁcer that the intended informant desires that the young person be charged with that offence; or Pursuant to section 246(a) of this Act, a young person denies a charge and the Court makes an order under section 238(1)(d) or (e) of this Act for the detention of the young person pending the determination of the charge; or Pursuant to section 246(b)(i) of this Act, a Youth Justice Co­ordinator is directed by a Court to convene a family group conference; or A charge against a young person is proved before a Youth Court, and a family group conference has not had an opportunity to consider ways in which the Court might deal with the young person for the offence that forms the basis of that charge,— (d) (e) a Youth Justice Co­ordinator shall, subject to sections 248 to 250 of this Act, ﬁx the date on which and the time and place at which a family group conference is to be held.
248 Family group conference not required in certain cases (1) Nothing in section 245(1)(c) or section 246(b) or section 247(b) or (d) or (e) or section 281 of this Act requires a family group conference to be held in respect of any offence alleged or proved to have been committed by a young person if— (a) The offence is alleged or proved to have been commit­ ted on a date that is earlier than the date on which— (i) The young person was convicted and sentenced in the High Court or a District Court; or 222 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 248 (b) (ii) A Youth Court made an order under section 283 of this Act in respect of that young person— for any other offence (not being an offence the maxi­ mum penalty for which is less than the maximum penalty that may be imposed in respect of the ﬁrst­men­ tioned offence); or The young person is subject to a sentence of imprison­ ment or a community­based sentence (as those terms are deﬁned in section 4(1) of the Sentencing Act 2002), or to a sentence of home detention imposed under section 80A of the Sentencing Act 2002, or to any order made under any of paragraphs (k) to (o) of section 283 of this Act,— and, subject to subsection (5) of this section, in either case, a Youth Justice Co­ordinator is of the view that the holding of a family group conference would serve no useful purpose, and the family or whanau or family group of the young person agree with that view.
(2) Where— (a) (b) A family group conference has been convened pursuant to section 247 of this Act in relation to any offence al­ leged or proved to have been committed by a child or young person; and Before the family group conference has made any de­ cision, recommendation, or plan pursuant to section 260 of this Act in relation to that offence, that child or young person is alleged or proven to have committed any other offence (being an offence in respect of which a family group conference would be required to be held pursuant to section 247 of this Act),— the family group conference may make in respect of the latter offence any decision, recommendation, or plan that it is em­ powered to make under section 260 of this Act, and it shall not be necessary to convene a separate family group conference in relation to that latter offence.
(3) Nothing in section 245(1)(c) or section 246(b) or section 247(b) or (d) or (e) or section 281 of this Act requires a family group conference to be held in respect of any offence alleged or proved to have been committed by a young person if— 223 Part 4 s 248 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (a) (b) The requirement to convene a conference under any of those sections arose within 6 weeks of the completion of a previous family group conference— (i) That was convened under this Part of this Act in respect of any other offence; and That had the opportunity to consider how that offence should be dealt with; and (ii) Subject to subsections (4) and (5) of this section, a Youth Justice Co­ordinator— (i) Is of the view that the holding of a family group conference would serve no useful purpose; and Is satisﬁed that— (A) The family, whanau, or family group of the (ii) (B) young person; and Each of the persons who would be en­ titled to attend a family group conference under any of paragraphs (d) to (n) of sec­ tion 251 of this Act— agree with that view.
Before forming a view as to whether or not a family group con­ ference would serve a useful purpose under subsection (3) of this section, the Youth Justice Co­ordinator shall— (a) Consult with— (i) (ii) The family, whanau, or family group of the young person concerned; and The persons who would be entitled to attend the family group conference pursuant to any of para­ graphs (d) to (n) of section 251 of this Act; and (b) Have regard to— (i) (ii) The response of the young person to any deci­ sions, recommendations, or plans made or for­ mulated by the previous family group confer­ ence; and The seriousness and extent of the offending al­ leged or proved to have been committed by the young person and that gives rise to the require­ ment to hold a family group conference.
Before forming a view as to whether or not a family group con­ ference would serve a useful purpose under subsection (1) or (4) (5) 224 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 249 subsection (3) of this section, the Youth Justice Co­ordinator shall consider whether a family group conference is neces­ sary for the purpose of considering whether the young person should be required to make reparation for any offence.
Section 248 was substituted, as from 8 January 1995, by section 34 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 248(1)(b): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
Subsection (1)(b) was amended, as from 30 June 2002, by section 186 Sen­ tencing Act 2002 (2002 No 9), by substituting “sentence of imprisonment or a community­based sentence (as those terms are deﬁned in section 4(1) of the Sentencing Act 2002)” for “full­time custodial sentence or a community­based sentence (as those terms are deﬁned in section 2(1) of the Criminal Justice Act 1985)”.

See sections 148 to 160 of that Act for the transitional and sav­ ings provisions.
See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

249 Time limits for convening of family group conferences (1) Every family group conference to which section 247(a) of this Act applies shall be convened not later than 21 days after the date on which the Youth Justice Co­ordinator received the re­ port in relation to which the family group conference is re­ quired to be held.
Every family group conference to which paragraph (b) of sec­ tion 247 of this Act applies shall be convened not later than 21 days after the date on which the notiﬁcation referred to in that paragraph is received by the Youth Justice Co­ordinator.
Every family group conference to which section 247(c) of this Act applies shall be convened not later than 7 days af­ ter the date on which the Court made the order under section 238(1)(d) or (e) of this Act for the detention of the young per­ son pending the determination of the charge.
Every family group conference to which section 247(d) of this Act applies shall be convened,— (a) Where the young person in respect of whom that confer­ ence is to be held is detained in custody pursuant to an order under section 238(1)(d) or (e) of this Act, not later than 7 days after the date of the making of that order; or In any other case, not later than 14 days after the date on which the direction requiring that conference to be held was given.
(b) (2) (3) (4) 225 Part 4 s 250 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (5) Every family group conference to which section 247(e) of this Act applies shall be convened not later than 14 days after the date on which the Court ﬁnds that the charge against the young person is proved.
(6) Unless there are special reasons why a longer period is re­ quired,— (a) (b) Every family group conference to which subsection (3) or subsection (4) of this section applies shall be completed within 7 days after it is convened: Every other family group conference shall be completed within one month after it is convened.

Subsection (6) was substituted, as from 8 January 1995, by section 35 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
250 Consultation on convening of family group conference (1) Every Youth Justice Co­ordinator shall, before convening a family group conference pursuant to this Part of this Act in respect of a child or young person, make all reasonable en­ deavours to consult with the child’s or young person’s family, whanau, or family group in relation to— (a) The date on which, and the time and place at which, the conference is to be held; and The persons who should attend the conference; and (b) (c) The procedure to be adopted at the conference,— and, subject to subsection (2) of this section and to sections 249 and 251 of this Act, shall, so far as it is practicable and consistent with the principles of this Act, give effect to the wishes of the child’s or young person’s family, whanau, or family group in relation to those matters.
The Youth Justice Co­ordinator shall also make all reasonable endeavours to consult with— (a) Any victim of the offence or alleged offence to which the conference relates; and Either,— (i) (b) In the case of a conference required to be con­ vened under section 18(3) of this Act, the appli­ cant or intended applicant for a declaration under section 67 of this Act in relation to the child to whom the conference relates; or (2) 226 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 251 (ii) In the case of any other proceedings or proposed proceedings for the offence or alleged offence to which the conference relates, the informant or intended informant in those proceedings— in relation to the date on which, and the time and place at which, the conference is to be held, and, in conven­ ing the conference, shall take into account, in relation to those matters, the views of the person or persons con­ sulted.
Section 250 was substituted, as from 8 January 1995, by section 36 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
251 Persons entitled to attend family group conference (1) Subject to subsection (2) of this section, the following per­ sons are entitled to attend a family group conference convened under this Part of this Act: (a) The child or young person in respect of whom the con­ ference is held: Every person who is— (i) A parent or guardian of, or a person having the care of, that child or young person; or (b) (ii) A member of the family, whanau, or family group of that child or young person: (c) (e) (d) The Youth Justice Co­ordinator who is convening the conference, or any Youth Justice Co­ordinator who is acting for that person: The informant or intended informant in the proceedings for the offence or alleged offence to which the confer­ ence relates, or a representative of that person: If the informant or intended informant in those proceed­ ings is not an enforcement ofﬁcer acting in that capacity, a representative of the appropriate enforcement agency: Any victim of the offence or alleged offence to which the conference relates, or a representative of that victim: (g) Any barrister or solicitor or Youth Advocate or lay ad­ vocate representing the child or young person: (f) (h) A Social Worker, in any case where— (i) The chief executive is a guardian of the child or young person; or 227 Part 4 s 251 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (i) (j) (ii) the chief executive has the role of providing day­ to­day care for the child or young person under the Care of Children Act 2004, or is entitled to custody of the child or young person under an order or agreement made under Part 2 of this Act; or (iii) The chief executive is required, pursuant to an order made under section 91 of this Act, to pro­ vide support to the child or young person; or (iv) The young person is under the supervision of the chief executive pursuant to an order made under section 283(k) or section 307 or section 311 of this Act: a representative of an Iwi Social Service, of a Cultural Social Service, or of the Director of a Child and Family Support Service, if that Service or that Director— (i) (ii) is a guardian of the child or young person; or has the role of providing day­to­day care for the child or young person under the Care of Children Act 2004, or is entitled to custody of the child or young person under an order or agreement made under Part 2 of this Act.
if the young person is subject to a community­based sentence (as that term is deﬁned in section 4(1) of the Sentencing Act 2002) or a sentence of home deten­ tion imposed under section 80A of the Sentencing Act 2002,— (i) (ii) a probation ofﬁcer: in the case of a young person who is subject to a sentence of community work (within the mean­ ing of that Act), a representative of the agency on whose behalf the young person is required to per­ form any work for the purposes of the sentence: in the case of a young person who is subject to a sentence of supervision, intensive supervision, or a sentence of home detention (within the mean­ ing of that Act), any person or agency, or a repre­ sentative of any person or agency, that provides any course or conducts any programme that the (iii) 228 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 251 young person is required to undertake as a condi­ tion of the sentence or to undergo under the sen­ tence: (k) If the child or young person is under the guardianship of the Court under the Care of Children Act 2004, any person appointed as agent for the Court under that Act, or any representative of that person: (l) Where the child or young person is subject to an order made under section 91 of this Act, a representative of the person or organisation required, pursuant to that order to provide support to that child or young person: (m) Where the young person is under the supervision of any person (not being the chief executive), or any organisa­ tion, pursuant to an order made under section 283(k) or section 307 of this Act, that person or a representative of that organisation: (n) Where a community work order made under section 283(l) of this Act is in force with respect to the young person, the Social Worker or person or a representative of the organisation supervising the order: (o) Any other person whose attendance at that conference is in accordance with the wishes of the family, whanau, or family group of the child or young person as expressed under section 250 of this Act.
(2) Where, pursuant to subsection (1)(f) of this section, any victim of an offence or alleged offence attends a family group con­ ference in person and not by a representative, that person may be accompanied by any reasonable number of persons (being members of his or her family, whanau, or family group or any other persons) who attend the conference for the purpose of providing support to that victim.
(3) A person who attends a family group conference pursuant to subsection (2) of this section shall not be a member of the conference.
(4) No person who attends a family group conference pursuant to any of paragraphs (c) to (n) (other than paragraph (k)) of sub­ section (1) of this section or pursuant to subsection (2) of this section is entitled to be present during any discussions or de­ liberations held among the members of the family, whanau, or 229 Part 4 s 252 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 family group of the child or young person in respect of whom the conference is held, unless those members request that per­ son to attend.
Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsection (1)(h)(ii) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).

Subsection (1)(i) was substituted, as from 8 January 1995, by section 46 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Subsection (1)(i) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).

Section 251(1)(j): substituted, on 1 October 2007, by section 58 of the Sentenc­ ing Amendment Act 2007 (2007 No 27).

Subsection (1)(j) was substituted, as from 30 June 2002, by section 186 Sen­ tencing Act 2002 (2002 No 9).

See sections 148 to 160 of that Act for the tran­ sitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Subsection (1)(k) was substituted, as from 3 June 1998, by section 8 Guardian­ ship Amendment Act 1998 (1998 No 48).

See section 7 of that Act as to the transitional provision relating to appeals from the Family to appeals from the Family Court to the High Court.

Subsection (1)(h)(ii) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).
Subsection (1)(k) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “Care of Children Act 2004” for “Guardianship Act 1968”.

Subsection (2) was substituted, as from 8 January 1995, by section 37 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsections (3) and (4) were inserted, as from 8 January 1995, by section 37 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
252 Child or young person in custody to be permitted to attend family group conference (1) Any child or young person who is entitled to attend a family group conference pursuant to section 251(1)(a) of this Act and who is detained in the custody of the chief executive or the Police or in any prison shall be permitted to attend that confer­ ence, unless it is impracticable for the child or young person so to attend.
(2) Nothing in subsection (1) of this section entitles any child or young person to whom this section applies to attend a family 230 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 254 group conference otherwise than subject to such reasonable conditions as may be necessary to prevent the child or young person from absconding while the child or young person is attending that conference.
(3) Where a child or young person to whom this section applies is entitled to attend a family group conference and wishes to do so, the person having the custody of the child or young person shall, without further authority than this section, cause that child or young person to be taken to the place where that conference is to be held for the purpose of attending the con­ ference.
Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsection (1) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “prison” for “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
253 Notiﬁcation of convening of family group conference (1) Subject to subsection (2) of this section, every Youth Justice Co­ordinator who convenes a family group conference shall take all reasonable steps to ensure that notice of the date on which, and the time and place at which, the conference is to be held is given to every person who is entitled to attend that conference.
(3) (2) No notice is required to be given pursuant to subsection (1) of this section to any person whose whereabouts cannot, after reasonable enquiries, be ascertained.

Every notice required by subsection (1) of this section shall be given a reasonable time before the conference is to be held.
Failure to notify any person in accordance with this section shall not affect the validity of the proceedings of a family group conference unless it is shown that the failure is likely to have materially affected the outcome of that conference.
(4) 254 Youth Justice Co­ordinator to ascertain views of persons (1) unable to attend family group conference Every Youth Justice Co­ordinator who convenes a family group conference shall take all reasonable steps to ascertain 231 Part 4 s 255 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 the views of any person who is entitled to attend the confer­ ence but who has notiﬁed the Youth Justice Co­ordinator that he or she or it is unable, for any reason, to do so.
(2) Where, in respect of any family group conference, a Youth Justice Co­ordinator ascertains the views of any person pur­ suant to subsection (1) of this section, that Co­ordinator shall ensure that those views are made known at that conference.
255 Youth Justice Co­ordinator to ensure that relevant (1) (2) information and advice made available to family group conference Every Youth Justice Co­ordinator who convenes a family group conference shall take all reasonable steps to ensure that all information and advice required by the conference to carry out its functions are made available to the conference.
Subject to section 251 of this Act, where it is appropriate for any person to attend a family group conference for the purpose of conveying to that conference any information or advice re­ quired by that conference to carry out its functions, that person may attend that conference for that purpose, but may otherwise attend the conference only with the agreement of the confer­ ence.
256 Procedure at family group conference (1) Subject to this Part of this Act, a family group conference may regulate its procedure in such manner as it thinks ﬁt.

Subject to sections 5(f) and 249(6) of this Act, a family group conference may from time to time be adjourned to a time and place determined by the conference.
(2) 257 Department to provide administrative services to family group conferences The Department shall provide such administrative services as may be necessary to enable a family group conference to dis­ charge its functions.
232 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 258 258 Functions of family group conference A family group conference convened under section 247 of this Act shall have such of the following functions as are appropri­ ate in the circumstances of the particular case: (a) Where the conference is convened under paragraph (a) of that section,— (i) To consider, in relation to the child in respect of whom the conference was convened, such mat­ ters relating to the care or protection of that child as the conference thinks ﬁt; and (ii) Where the conference considers that the child is in need of care or protection, to make such deci­ sions or recommendations, and to formulate such plans, in relation to that child as the conference considers necessary or desirable, having regard to the principles set out in sections 5, 6, and 13 of this Act: (b) Where the conference is convened in relation to an al­ leged offence in respect of which proceedings have not been commenced under this Part of this Act, to consider whether the young person should be prosecuted for that offence or whether the matter can be dealt with in some other way, and to recommend to the relevant enforce­ ment agency accordingly: (c) Where the young person in respect of whom the confer­ ence is convened is detained in the custody of the chief executive or the Police pending the determination of a charge, to make a recommendation to the Court in re­ lation to the custody of the young person pending that determination: (d) Where the conference is convened in relation to an offence in respect of which proceedings have been commenced under this Part of this Act, to consider whether the offence alleged to have been committed by that young person should be dealt with by the Court or whether the matter can be dealt with in some other way, and to recommend to the Court accordingly: (e) Where the charge against the young person is admitted or proved, to consider how the young person should be 233 Part 4 s 259 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 dealt with for that offence, and to recommend to the Court accordingly.
Paragraph (c) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
259 Family group conference to ascertain whether child or (1) young person admits offence Every family group conference convened under this Part of this Act (other than a family group conference convened under paragraph (c) or paragraph (e) of section 247 of this Act) shall seek to ascertain whether the child or young person in respect of whom the conference is held admits any offence alleged to have been committed by that child or young person.
(2) Where the child or young person does not admit the offence, or the family group conference is unable to ascertain whether the child or young person admits the offence, the conference shall not make or formulate any decision, recommendation, or plan if that decision, recommendation, or plan cannot be made or formulated without assuming that the child or young person committed the offence.
260 Family group conference may make decisions and (1) (2) recommendations and formulate plans Subject to section 259(2) of this Act, a family group confer­ ence convened under this Part of this Act may make such deci­ sions and recommendations and formulate such plans as it con­ siders necessary or desirable in relation to the child or young person in respect of whom the conference was convened.
Except as provided in section 258(a)(ii) of this Act, in mak­ ing such decisions and recommendations and formulating such plans, the conference shall have regard to the principles set out in section 208 of this Act.
(3) Without limiting the generality of subsection (1) of this sec­ tion, a family group conference may— (a) Recommend that any proceedings commenced against the child or young person for any offence should pro­ ceed or be discontinued: 234 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 262 (b) (c) (d) (e) Recommend that a formal Police caution should be given to the child or young person: Recommend that an application for a declaration under section 67 of this Act should be made in respect of the child: Recommend appropriate penalties that might be im­ posed on the young person: Recommend that the child or young person make rep­ aration to any victim of the offence.
261 Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person (2) (1) Where any family group conference convened under this Part of this Act considers that the child or young person in respect of whom that conference is held is in need of care or protection (within the meaning of section 14 of this Act), that conference may, with the prior agreement of a Care and Protection Co­or­ dinator, make or formulate such decisions, recommendations, and plans as it considers necessary or desirable in relation to the care or protection of the child or young person.
Every such decision, recommendation, or plan shall be deemed to have been made or formulated pursuant to section 29 of this Act, and the provisions of sections 30 to 38 of this Act shall apply, so far as applicable and with all necessary modiﬁcations, with respect to the decision, recommendation, or plan.

Every family group conference to which this section applies shall be deemed, for the purposes of Parts 2 and 3 of this Act, to be a family group conference convened pursuant to Part 2 of this Act.
(3) 262 Youth Justice Co­ordinator to make record of decisions, recommendations, and plans of family group conference Every Youth Justice Co­ordinator who convenes a family group conference shall cause to be made a written record of the details of the decisions and recommendations made, and the plans formulated, by that conference pursuant to section 260 or section 261 of this Act.
235 Part 4 s 263 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 263 Youth Justice Co­ordinator to seek agreement to decisions, recommendations, and plans of family group conference (1) Where a family group conference makes any decision or recommendation, or formulates any plan, pursuant to section 260 of this Act or subsection (4) of this section, the Youth Justice Co­ordinator who convened that conference shall— (a) Where the conference was convened under section 247(a) of this Act on the basis of a report from an enforcement ofﬁcer,— (i) Communicate that decision, recommendation, or plan to that enforcement ofﬁcer (or any person acting for that enforcement ofﬁcer), and to every person who will be directly involved in the im­ plementation of the decision, recommendation, or plan; and Seek the agreement of that enforcement ofﬁcer (or any person acting for that enforcement ofﬁ­ cer), and of every other person to whom that deci­ sion, recommendation, or plan is communicated pursuant to subparagraph (i) of this paragraph, to that decision, recommendation, or plan: (ii) (b) Where the conference was convened under section 247(b) or (d) or (e) of this Act,— (i) Communicate that decision, recommendation, or plan to the informant or intended informant in the proceedings for the offence or alleged offence to which the conference relates (or to any per­ son acting for that informant or intended infor­ mant), and to every person who will be directly involved in the implementation of the decision, recommendation, or plan; and Seek the agreement of that person, and of every other person to whom that decision, recommen­ dation, or plan is communicated pursuant to sub­ paragraph (i) of this paragraph, to that decision, recommendation, or plan: (ii) 236 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 264 (c) Where the conference was convened under section 247(c) of this Act, communicate that decision, recom­ mendation, or plan to the Court.
(2) Where, pursuant to paragraph (a)(i) or paragraph (b)(i) of sub­ section (1) of this section, a Youth Justice Co­ordinator meets with any person for the purpose of communicating to that per­ son any decision, recommendation, or plan made or formu­ lated by a family group conference, the Youth Justice Co­or­ dinator may be accompanied by a person nominated by that family group conference.
(3) Where a Youth Justice Co­ordinator is unable to secure agreement, under subsection (1) of this section, to a decision, recommendation, or plan made or formulated by a family group conference, the Youth Justice Co­ordinator may re­ convene that conference for the purpose of enabling that conference to reconsider that decision, recommendation, or plan.
(4) Any family group conference reconvened under subsection (3) of this section may conﬁrm, rescind, or modify its previous decision, recommendation, or plan, or rescind its previous de­ cision, recommendation, or plan and make or formulate a new decision, recommendation, or plan.
(5) Any decision, recommendation, or plan conﬁrmed or modi­ ﬁed under subsection (4) of this section, and any new deci­ sion, recommendation, or plan made or formulated under that subsection, shall be deemed to have been made or formulated pursuant to section 260 of this Act.
264 Procedure where no agreement possible (1) Where— (a) The members of a family group conference are unable to agree on what decisions, recommendations, or plans should be made in relation to the child or young person in respect of whom the conference was convened; or (b) A Youth Justice Co­ordinator is unable to secure agree­ ment under section 263 of this Act to the decisions, rec­ ommendations, and plans made or formulated by a fam­ ily group conference,— 237 Part 4 s 265 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 the Youth Justice Co­ordinator who convened the conference shall— (c) Adjourn the proceedings of the family group confer­ ence; and (d) Where the conference was convened under section 247(a) or (b) of this Act, report the matter to the appro­ priate enforcement agency; and (e) Where the conference was convened under section 247(d) or (e) of this Act, report the matter to the Court.
(2) Where a Youth Justice Co­ordinator makes a report under sub­ section (1)(d) of this section to an enforcement agency, any en­ forcement ofﬁcer may take such action under this Act as that ofﬁcer considers appropriate.
265 Records of decisions, recommendations, and plans of family group conference to be made available to interested persons Every Youth Justice Co­ordinator who convenes a family group conference shall ensure that a copy of every record made pursuant to section 262 of this Act in relation to that conference is given or sent to— (a) The child or young person in respect of whom the con­ ference was convened; and Every person who is a parent or guardian of that child or young person or has the care of that child or young person; and Any barrister or solicitor, Youth Advocate, or lay advo­ cate representing the child or young person; and The informant or intended informant in the proceedings for the offence or alleged offence in respect of which the conference was held; and If the informant or intended informant in those proceed­ ings is not an enforcement ofﬁcer acting in that capacity, the appropriate enforcement agency; and Any victim of the offence or alleged offence in respect of which the conference was held; and (b) (c) (d) (e) (f) (g) Any other person who is or will be directly affected by any decision, recommendation, or plan detailed in that record; and (1) 238 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 267 (h) Where there is an appropriate Iwi Social Service or Cul­ tural Social Service with respect to the child or young person, that Social Service.
(2) Where the child or young person is the subject of proceedings under this Part or Part 2 of this Act, a copy of the record made pursuant to section 262 of this Act shall be made available to the Court that is hearing those proceedings.

Subsection (1)(h) was substituted, as from 8 January 1995, by section 46 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
266 Department to maintain records of proceedings of family (1) (2) group conferences Every written record made pursuant to section 262 of this Act in relation to a family group conference shall be kept at the Of­ ﬁce of the Department that is nearest to where the conference is held.
The following persons shall have access to any such record: (a) Any person who is required, by section 265 of this Act, to be sent a copy of that record: (b) Any Youth Justice Co­ordinator: (c) (d) Any other person who, in the opinion of a Youth Justice Co­ordinator, has a genuine and proper interest in the matter.

Any Social Worker: (3) Nothing in this section limits or affects the Ofﬁcial Information Act 1982.
Subsection (1) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by omitting “District”.
267 Enforcement agencies to comply with decisions, recommendations, and plans of family group conference Where— (a) Any decision, recommendation, or plan is made or for­ mulated by a family group conference under section 260 of this Act; and (b) Agreement to that decision, recommendation, or plan has been secured under section 263 of this Act; and 239 Part 4 s 268 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (c) (d) That decision, recommendation, or plan relates to any offence alleged or proved to have been committed by the young person in respect of whom that conference was held; and The implementation of that decision, recommendation, or plan involves any action on the part of any enforce­ ment agency,— unless it is clearly impracticable or clearly inconsistent with the principles set out in sections 5 and 208 of this Act, it is the duty of that agency to give effect to that decision, recommen­ dation, or plan by the taking of such action and steps as are necessary and appropriate in the circumstances of the particu­ lar case.
268 Chief executive to give effect to decisions, recommendations, and plans of family group conference (1) Where— (a) Any decision, recommendation, or plan is made or for­ mulated by a family group conference under section 260 of this Act; and The implementation of that decision, recommendation, or plan involves any action on the part of the chief ex­ ecutive,— (b) the chief executive shall consider that decision, recommenda­ tion, or plan, and, unless it is clearly impracticable or clearly inconsistent with the principles set out in sections 5 and 208 of this Act, shall give effect to that decision, recommendation, or plan by the provision of such services and resources, and the taking of such action and steps, as are necessary and appropri­ ate in the circumstances of the particular case.
(2) Where the chief executive considers that it is clearly impracti­ cable or clearly inconsistent with the principles set out in sec­ tions 5 and 208 of this Act to give effect to any decision, rec­ ommendation, or plan made or formulated by a family group conference, the chief executive shall notify that fact to a Youth Justice Co­ordinator, who may reconvene the family group conference for the purpose of considering whether to make or formulate any other decision, recommendation, or plan.
240 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 271 (3) Sections 250 to 269 of this Act shall apply, with all necessary modiﬁcations, with respect to every family group conference reconvened under subsection (2) of this section.

Subsections (1) and (2) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
269 Chief executive may provide ﬁnancial assistance to enable decisions, etc, of family group conference to be carried out The chief executive may, from time to time, make such grants or provide such ﬁnancial assistance as may be necessary to give effect to any decision, recommendation, or plan made or formulated by a family group conference pursuant to section 260 of this Act.
Section 269 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
270 Family group conference may reconvene to review its decisions, recommendations, and plans (1) Where any decision, recommendation, or plan is made or for­ mulated by a family group conference pursuant to this Part of this Act, a Youth Justice Co­ordinator may from time to time, at that Co­ordinator’s own motion or at the request of at least 2 members of that conference, reconvene that conference for the purpose of reviewing that decision, recommendation, or plan.
Sections 250 to 269 of this Act shall apply, with all necessary modiﬁcations, with respect to every family group conference reconvened under this section.

(2) 271 Proceedings of family group conference privileged and not to be published Sections 37 and 38 of this Act (which relate to privilege and the publication of the proceedings of a family group conference) shall apply, with all necessary modiﬁcations, with respect to every family group conference convened or reconvened under this Part of this Act.
241 Part 4 s 272 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Jurisdiction of Youth Courts Jurisdiction of Youth Court 272 (1) Where any child who is of or over the age of 10 years is al­ leged to have committed an offence (other than murder or manslaughter) proceedings shall not be commenced against the child under the Summary Proceedings Act 1957.
(2) Where any child who is of or over the age of 10 years is charged with murder or manslaughter the preliminary hearing of the charge shall, subject to section 274 of this Act, take place before a Youth Court and the provisions of this Act (other than sections 275 and 276 of this Act) shall apply accordingly as if that child were a young person.
(3) Any young person charged with an offence other than— A trafﬁc offence not punishable by imprisonment— (a) Murder; or (b) Manslaughter; or (c) shall be brought before a Youth Court to be dealt with in accordance with the provisions of this Act irrespective of whether the offence is punishable on summary conviction or on indictment.
(4) Where a young person is charged with murder or manslaughter the preliminary hearing of the charge shall, subject to section 274 of this Act, take place before a Youth Court.
(5) Notwithstanding subsection (3)(c) of this section, where a young person is charged with a trafﬁc offence not punishable by imprisonment, a Youth Court shall hear and determine the information for that offence if— (a) The young person is charged with any other offence, being an offence in respect of which the young person is required to be brought before a Youth Court to be dealt with; and Both offences arise out of the same event or series of events; and The Court considers— (i) That it is desirable that the charges be heard to­ gether; or (b) (c) 242 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 274 (ii) That the charges can be conveniently heard to­ gether.
Compare: 1974 No 72 s 25(2)­(4); 1977 No 126 s 5 273 Manner of dealing with summary offences and indictable offences (other than purely indictable offences) Where a young person is charged with a summary offence or an indictable offence (other than a purely indictable offence), a Youth Court shall, subject to section 272 of this Act, hear and determine the information unless— (a) The offence is punishable by imprisonment for a term exceeding 3 months and the young person elects trial by jury under section 66 of the Summary Proceedings Act 1957; or The Court discharges the information under section 282 of this Act.
(b) Compare: 1974 No 72 s 34(1) 274 Manner of dealing with purely indictable offences or (1) (2) where person elects jury trial This section applies where— (a) A young person is charged with a purely indictable of­ fence; or (b) A young person elects trial by jury under section 66 of the Summary Proceedings Act 1957.
Subject to sections 275 and 276 of this Act, where this section applies,— (a) The preliminary hearing shall take place in accordance with Part 5 of the Summary Proceedings Act 1957, ex­ cept that the hearing shall take place in a Youth Court which for that purpose shall have all the powers of a District Court and which shall be presided over by a Youth Court Judge or, in the absence of a Youth Court Judge, by a District Court Judge or by 2 or more Just­ ices or by one or more Community Magistrates; and Sections 329 and 438 of this Act, and not section 138 of the Criminal Justice Act 1985, shall apply in respect of the proceedings.
Compare: 1974 No 72 s 34(2)(a), (b) (b) 243 Part 4 s 275 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Subsection (2)(a) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting “or by one or more Community Magistrates”.
275 Young person may forego right to jury trial and elect to have proceedings determined by Youth Court (1) Where section 274 of this Act applies and the offence is not murder or manslaughter, if, when all the evidence has been given, the Youth Court is of the opinion that the evidence ad­ duced by the informant is sufﬁcient to put the young person on trial for the offence, the Youth Court may give the young per­ son an opportunity of foregoing the right to trial by jury and of electing to have the information heard and determined in a Youth Court by a Youth Court Judge.
If the young person accepts the opportunity given under sub­ section (1) of this section and elects to have the information so heard and determined, the Youth Court shall have jurisdiction to hear and determine the information and otherwise deal with the young person in accordance with this Act.
Compare: 1974 No 72 s 34(2)(c), (d); 1982 No 135 s 8 (2) 276 Young person may plead guilty and elect to be dealt with by Youth Court (1) Where section 274 of this Act applies and the offence is not murder or manslaughter, if, before the evidence has been given or while the evidence is being given or after all the evidence has been given, the young person indicates to the Court that the young person desires to plead guilty to the offence, the Court may give the young person an opportunity of foregoing the right to trial by jury and of electing to be dealt with in a Youth Court by a Youth Court Judge.
If the young person accepts the opportunity given under sub­ section (1) of this section and elects to be so dealt with, the Youth Court shall have jurisdiction to deal with the young per­ son in accordance with this Act.
Compare: 1974 No 72 s 34(2)(c), (d); 1982 No 135 s 8 (2) 244 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 278 277 Provisions applicable where young person charged jointly (1) (2) with person who is not a young person In any case where an information is laid charging a young per­ son with any offence jointly with any other person or persons, the provisions of subsections (2) to (5) of this section shall ap­ ply if one or more of the persons jointly charged is not a young person within the meaning of this Act.
In any case to which subsection (1) of this section applies, the information shall be submitted for the consideration of a Youth Court Judge, and the Youth Court Judge shall direct that the proceedings be heard in the Youth Court or elsewhere as the Youth Court Judge thinks ﬁt.
(3) Where any such proceedings are directed to be heard in a Youth Court, the Youth Court Judge exercising jurisdiction in a Youth Court may, at any stage of the proceedings, make an order for their removal out of the Youth Court, and on the mak­ ing of such an order the proceedings shall be held as if a Youth Court had not been established.
In any proceedings to which this section applies, the powers of any Youth Court Judge in respect of any accused person who is not a young person shall be limited to such powers as are exercisable by the Youth Court Judge as a District Court Judge elsewhere than in a Youth Court.
(4) (5) Where any accused person, not being a young person, is con­ victed in a Youth Court,— (a) Any sentence imposed or order made shall be one that could have been imposed or made if that accused person had been convicted following a summary hearing in a District Court; and That accused person shall for all purposes, including section 71(2) of the Summary Proceedings Act 1957, be deemed to have been convicted in a District Court.
(b) Compare: 1974 No 72 s 34(3)­(7) 278 Parent or guardian may be summoned to appear when young person charged with offence (1) Any Youth Court Judge or District Court Judge or Justice or Community Magistrate or Registrar (not being a member of the Police) may, where an information is laid against a young 245 Part 4 s 279 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 person in respect of any offence, issue a summons to any par­ ent, guardian, or person for the time being having the care of the young person, requiring that parent or guardian or person to appear before a Youth Court at a time to be named in the summons.
(3) (2) At the hearing of the proceedings in respect of the offence any such parent or guardian or other person may be examined in respect of any matter relating to the proceedings.

Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $1,000 who, being required to appear before a Youth Court under this section, refuses or fails, without reasonable excuse, so to appear.
In any case where a person does not appear in answer to a sum­ mons that has been served under this section, a Youth Court Judge or District Court Judge may direct the issue of a warrant to arrest that person and bring that person before the Court.

Compare: 1974 No 72 s 39 (4) Subsection (1) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting “or Community Magistrate”.
279 Court to consider recommendations of family group conference Where, in any proceedings under this Part of this Act in re­ spect of any information laid against a young person for an of­ fence, a family group conference has been held under section 247(b) or (d) of this Act in respect of that offence, the Court shall, before hearing that information, consider any decision, recommendation, or plan made or formulated by the family group conference in relation to that offence.
280 Court may refer case to Care and Protection Co­ordinator to determine whether matter should be dealt with under Part 2 If, at any stage of the hearing of any proceedings under this Part of this Act in respect of a young person, it appears to the Court that the young person may be in need of care or protec­ tion (as deﬁned in section 14 of this Act), the Court may— (a) Refer the matter to a Care and Protection Co­ordinator under section 19(1)(b) of this Act; and (1) 246 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 281 (b) Adjourn the proceedings pending the outcome of that reference, and if an application for a declaration under section 67 of this Act is made in respect of the young person, may adjourn the proceedings until that applica­ tion is determined.
(2) Where any proceedings in respect of any information laid against a young person for an offence are adjourned pursuant to subsection (1) of this section, the Court may, at any time, discharge the information under section 282 of this Act.
Disposal of proceedings in Youth Court 281 Court not to make orders unless family group conference (1) held Subject to section 248 of this Act, where a charge against a young person is proved before a Youth Court, the Court shall not make any order under section 282 or section 283 of this Act unless a family group conference has had an opportunity to consider ways in which the Court might deal with the young person in relation to the charge.
(2) A Youth Court shall not— (a) Where a young person appears before the Court on a summons issued under section 295 of this Act, exercise any of the powers conferred on it by subsection (2) of that section; or (b) Where the Court cancels a community work order pur­ suant to section 299 or section 300 of this Act, substitute any other order in place of that community work order; or (c) Where the Court cancels a supervision order or a super­ vision with activity order pursuant to section 309 of this Act, substitute any other order in place of that order; or (d) Where the Court cancels a supervision with residence order pursuant to section 316 of this Act, substitute any other order in place of that order,— unless a family group conference has ﬁrst been convened to consider the matter, and for that purpose the Court shall direct a Youth Justice Co­ordinator to convene a family group con­ 247 Part 4 s 281A Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) ference in relation to the matter not later than 14 days after the date on which that direction is given.
The provisions of sections 250 to 269 (other than section 259) of this Act shall apply, so far as applicable and with all neces­ sary modiﬁcations, to every family group conference directed to be convened pursuant to subsection (2) of this section.
281A Court to consider whether family group conference should be held Where, in respect of any offence, the holding of a family group conference has been waived pursuant to section 248 of this Act, the Court shall,— (a) (b) Before hearing the information for that offence; or Before making any order or exercising any power in any proceedings relating to or arising out of that offence, in any case where subsection (1) or subsection (2) of section 281 of this Act would otherwise require a family group conference to have been held in relation to the matter,— as the case may be, consider whether or not a family group conference should nevertheless be held in relation to the mat­ ter.
Sections 281A and 281B were inserted, as from 8 January 1995, by section 38 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
281B Court may direct holding of family group conference at any time If, at any stage of the hearing of any proceedings under this Part of this Act, it appears to the Court that it is necessary or desirable for a family group conference to be held in relation to any matter relating to the young person to whom the proceed­ ings relate, the Court may direct a Youth Justice Co­ordinator to convene a family group conference for the purpose of con­ sidering such matters relating to the young person as the Court directs, and may adjourn the proceedings until the conference has been held.
(1) 248 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 283 (2) The provisions of sections 250 to 269 of this Act shall apply with all necessary modiﬁcations with respect to the convening of a family group conference for the purposes of this section.

Sections 281A and 281B were inserted, as from 8 January 1995, by section 38 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
282 Power of Court to discharge information (1) Where an information is laid charging a young person with a summary offence or with an indictable offence (other than a purely indictable offence), a Youth Court, after inquiry into the circumstances of the case, may discharge the information.

(2) An information discharged under subsection (1) of this section (3) shall be deemed never to have been laid.
The Court discharging any information under this section may, if it is satisﬁed that the charge is proved against the young per­ son, make an order under any of the provisions of paragraphs (e) to (j) of section 283 of this Act.
Compare: 1974 No 72 s 35 283 Orders of the Court Where a charge against a young person is proved before a Youth Court, the Court may, subject to sections 284 to 290 of this Act, do one or more of the following: (a) Discharge the young person from the proceedings with­ out further order or penalty: (b) Admonish the young person: (c) Order that the young person come before the Court, if called upon within 12 months after the making of the order, so that the Court may take further action under this section: Impose such ﬁne as could have been imposed by a Dis­ trict Court if the young person were an adult and had been convicted of the offence following a summary hearing in a District Court, and exercise any of the powers conferred on a District Court by sections 81 and 83 of the Summary Proceedings Act 1957 (other than the power to impose a period of imprisonment in de­ fault of payment): (d) 249 Part 4 s 283 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (e) Order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person, to pay a sum towards the cost of the prosecution: (f) Where the Court is satisﬁed that any person (other than Any emotional harm; or the young person) suffered— (i) (ii) Any loss of or damage to property— through or by means of the offence, order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person, to pay to the person who suffered the emotional harm or the loss of or damage to property such sum as it thinks ﬁt by way of reparation: (g) Order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person, to make restitution in accordance with section 404 of the Crimes Act 1961: (h) Make an order for the forfeiture of property to the Crown in any case where the forfeiture of that property would have been obligatory or could have been ordered under any
 enactment applicable to the offence if the young person were an adult and had been convicted of that offence by a District Court: (i) Make an order under section 293A of this Act: (j) make any order that could have been made by a court other than a Youth Court under section 128 or section 129 of the Sentencing Act 2002 (which relate to conﬁs­ cation of motor vehicles) if the young person were an adult and had been convicted of the offence in a court other than a Youth Court, and if the Court makes such an order, section 128 or section 129, as the case may be, and sections 127, and 130 to 142 of that Act apply accordingly: (k) Make an order placing the young person under the supervision of the chief executive or such person or organisation as may be speciﬁed in the order for a period not exceeding 6 months: 250 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 284 (l) Make a community work order under section 298 of this Act: (m) Make a supervision with activity order under section 307 of this Act: (n) Make a supervision with residence order under section (o) 311 of this Act: In the case of a young person who is of or over the age of 15 years, enter a conviction and order that the young person be brought before a District Court for sentence or decision, and in any such case the provisions of the Sentencing Act 2002 shall apply accordingly.
Compare: 1974 No 72 s 36(1); 1977 No 126 s 10; 1983 No 129 s 8(1) Paragraph (i) was substituted, as from 1 April 1990, by section 35(2) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Paragraph (j) was substituted, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9).

See sections 148 to 160 of that Act for the transitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Paragraph (k) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Paragraph (o) was amended, as from 30 June 2002, by section 186 Sentenc­ ing Act 2002 (2002 No 9), by substituting “the Sentencing Act 2002” for “the Criminal Justice Act 1985”.

See sections 148 to 160 of that Act for the tran­ sitional and savings provisions.
See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
284 Factors to be taken into account on sentencing (1) In deciding whether to make any order under section 283 of this Act in respect of any young person, the Court shall have regard to the following matters: (a) The nature and circumstances of the offence proved to have been committed by the young person and the young person’s involvement in that offence: The personal history, social circumstances, and per­ sonal characteristics of the young person, so far as those matters are relevant to the offence and any order that the Court is empowered to make in respect of it: The attitude of the young person towards the offence: The response of the young person’s family, whanau, or family group to— (i) The offending by that young person; and (b) (c) (d) 251 Part 4 s 285 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (ii) The young person himself or herself as a result of that offending: Any measures taken or proposed to be taken by the young person, or the family, whanau, or family group of the young person, to make reparation or apologise to any victim of the offending: The effect of the offence on any victim of the offence, and the need for reparation to be made to that victim: (e) (f) (g) Any previous offence proved to have been committed by the young person (not being an offence in respect of which an order has been made under section 282 of this Act or section 35 of the Children and Young Persons Act 1974), any penalty imposed or order made in relation to that offence, and the effect on the young person of the penalty or order: (h) Any decision, recommendation, or plan made or formu­ lated by a family group conference.
(2) The Court shall not make an order under any of paragraphs (k) to (o) of section 283 of this Act merely because the Court considers that the young person is in need of care or protection (as deﬁned in section 14 of this Act).

285 Restrictions on power of Court to make certain orders (1) (2) under section 283 The Court shall not make an order under paragraph (c) of sec­ tion 283 of this Act in any case where it makes an order under paragraph (k) or paragraph (m) or paragraph (n) of that sec­ tion.
The Court shall not impose a ﬁne under paragraph (d) of sec­ tion 283 of this Act unless it is satisﬁed that the young person on whom the ﬁne is imposed has the capacity to pay the ﬁne within a period of 12 months from the date on which the ﬁne is imposed.

(3) No orders shall be made under paragraph (f) or paragraph (g) of section 283 of this Act against the chief executive or any other person who has been appointed to be a guardian of a young person under section 110 of this Act.
(4) Where the Court exercises in respect of any young person the power conferred by paragraph (o) of section 283 of this Act, 252 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 285 (5) it shall not exercise in respect of that young person any of its powers under paragraph (a) or paragraphs (c) to (n) of that section.
The Court shall not make an order under paragraph (l) or para­ graph (m) or paragraph (n) of section 283 of this Act if that order would be concurrent with, or cumulative on,— (a) Any other order made under any of those paragraphs; or (b) Any community­based sentence (as that term is deﬁned in section 4(1) of the Sentencing Act 2002; or any sentence of home detention imposed under section 80A of the Sentencing Act 2002; or Any sentence of imprisonment (as that term is so de­ ﬁned),— (ba) (c) unless that other order or that sentence will expire not later than 14 days after the date of the making of the ﬁrst­mentioned order.
(6) Where— (a) But for the provisions of paragraph (b), (ba), or (c) of subsection (5) of this section, the Court would have made an order under paragraph (l) or paragraph (m) or paragraph (n) of section 283 of this Act; and The Court considers that it would not be appropriate to make an order under any of paragraphs (a) to (k) of that section as an alternative to such an order,— (b) notwithstanding anything in section 290 of this Act the Court may, if the young person is of or over the age of 15 years, make an order under section 283(o) of this Act.
Compare: 1974 No 72 s 36(1) (proviso), (4); 1977 No 126 s 10(3)(a) Subsection (3) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsection (5)(b) was amended, as from 30 June 2002, by section 186 Sen­ tencing Act 2002 (2002 No 9), by substituting “section 4(1) of the Sentencing Act 2002” for “section 2(1) of the Criminal Justice Act 1985”.
See sections 148 to 160 of that Act for the transitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

Section 285(5)(ba): inserted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Subsection (5)(c) was amended, as from 30 June 2002, by section 186 Sen­ tencing Act 2002 (2002 No 9), by substituting “sentence of imprisonment” for “full­time custodial sentence”.
See sections 148 to 160 of that Act for the tran­ 253 Part 4 s 286 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 sitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

Section 285(6)(a): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
286 Person or organisation not to be required to supervise young person without consent No order shall be made under paragraph (k) or paragraph (m) of section 283 of this Act placing a young person under the supervision of any person (other than the chief executive), or any organisation, unless that person or organisation agrees to supervise that young person pursuant to that order.
Section 286 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

287 Reparation limited to direct loss Any sum ordered to be paid pursuant to section 283(f) of this Act in respect of the loss of or damage to property shall be limited to the cost of replacement or (as the case may require) the cost of repair, and shall not include any loss or damage of a consequential nature.
Compare: 1985 No 120 s 22(5); 1987 No 168 s 4 288 Order not to be made in respect of parent or guardian unless given opportunity to be heard No order shall be made under section 283 of this Act in respect of the parent or guardian of any young person unless that par­ ent or guardian has been informed by the Court of the proposal to make the order and has been given an opportunity to make representations to the Court.
Compare: 1974 No 72 s 36(5) 289 Restriction on imposition of supervision with activity order The Court shall not make an order under paragraph (m) of section 283 of this Act unless the nature and circumstances of the offence are such that, but for the availability of that order, the Court would have considered making an order under paragraph (n) of that section.
254 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 291 290 Restrictions on imposition of supervision with residence or transfer to District Court for sentence (1) No order shall be made under paragraph (n) or paragraph (o) of section 283 of this Act in respect of a young person unless— (a) (b) The offence is a purely indictable offence; or The nature or circumstances of the offence are such that if the young person were an adult and had been con­ victed of the offence in a Court other than a Youth Court, a sentence of imprisonment (within the meaning of sec­ tion 4(1) of the Sentencing Act 2002) or a sentence of home detention under section 80A of the Sentencing Act 2002 would be required to be imposed on the young person; or The Court is satisﬁed that, because of the special cir­ cumstances of the offence or of the offender, any order of a non­custodial nature would be clearly inadequate.
(2) No order shall be made under section 283(o) of this Act unless the Court has considered all other alternatives available to it under this Part of this Act and is satisﬁed that none of them is appropriate in the circumstances of the particular case.

(3) On making an order under paragraph (n) or paragraph (o) of section 283 of this Act, a Judge shall record in writing his or her reasons for making that order.
(c) (4) Nothing in subsection (1) or subsection (2) of this section limits the powers of a District Court in respect of any young person brought before that Court pursuant to an order made under section 283(o) of this Act.

Section 290(1)(b): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
Subsection (1)(b) was amended, as from 30 June 2002, by section 186 Sentenc­ ing Act 2002 (2002 No 9), by substituting “sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002” for “full­time custodial sentence (within the meaning of section 2(1) of the Criminal Justice Act 1985”.

See sections 148 to 160 of that Act for the transitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
291 Transfer of other charges to District Court for sentence Where, in any proceedings before a Youth Court, the Court makes an order under paragraph (o) of section 283 of this Act in respect of any charge proved against a young person, not­ 255 Part 4 s 292 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 withstanding anything in section 290 of this Act the Court may, at the same time, make an order under that paragraph in respect of any other charge proved against that young person in those proceedings and in respect of which the Court is empowered to make an order under section 283 of this Act.
292 Whole or part of ﬁne may be awarded to victim of offence suffering physical or emotional harm [Repealed] Section 292 was repealed, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9).

See sections 148 to 160 of that Act for the transitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
293 Effect of order imposing ﬁne or requiring payment of compensation or restitution or forfeiture of property Every order or decision made under any of the provisions of paragraphs (d) to (h) of section 283 of this Act shall have effect as if made by a District Court and as if any ﬁne imposed or such sum ordered to be paid had been adjudged to be paid by conviction, except that— (a) The enforcement of every such order or decision shall be the responsibility of a Youth Court and its ofﬁcers; and (b) No young person shall be liable to imprisonment or a sentence of community detention or home detention for failing to comply with any such order or decision; and No costs, expenses, or fees shall be payable in respect of the enforcement of any such order or decision.
(c) Compare: 1974 No 72 s 111(1) Section 293(b): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Paragraph (b) was amended, as from 8 January 1995, by section 39 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by inserting “or corrective training”.

Paragraph (b) was amended, as from 30 June 2002, by section 186 Sentenc­ ing Act 2002 (2002 No 9), by omitting “or corrective training”.
See sections 148 to 160 of that Act for the transitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
256 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 293A 293A Disqualiﬁcation from driving (1) Where a charge against a young person is proved before a Youth Court, and the offence or the circumstances in which it was committed are such that a District Court would, on en­ tering a conviction for that offence,— (a) (c) (b) Be empowered under section 124 of the Sentencing Act 2002 to make an order disqualifying the offender from holding or obtaining a driver’s licence; or Be required or empowered under the Land Transport Act 1998 to make an order disqualifying the offender from holding or obtaining a driver’s licence; or Be required to make an order under section 65 of the Land Transport Act 1998 requiring the offender to at­ tend an Assessment Centre and disqualifying the person from holding or obtaining a driver’s licence,— then the Youth Court may make such order (being an order of any of the kinds referred to in any of paragraphs (a) to (c) of this subsection) as would have been obligatory or could have been ordered under any of those sections if the young person were an adult and had been convicted of the offence in a Court other than a Youth Court.
(4) (3) (2) Where a Youth Court makes an order pursuant to subsection (1)(a) of this section, the provisions of sections 124 to 126 of the Sentencing Act 2002 shall apply accordingly.

Subject to subsection (5) of this section, where a Youth Court makes an order pursuant to subsection (1)(b) or (c) of this sec­ tion, Parts 5 to 7 of the Land Transport Act 1998 shall apply, so far as applicable and with any necessary modiﬁcations, as if the order had been made under that Act.
In determining, for the purposes of paragraph (b) or paragraph (c) of subsection (1) of this section, whether any order would have been obligatory or could have been ordered under any of the sections referred to in either of those paragraphs, a ﬁnd­ ing (whether made before or after the commencement of this section), by a Children and Young Persons Court or a Youth Court, that a young person is proved to have committed an of­ fence referred to in section 32(1) or section 65(1) of the Land Transport Act 1998 (not being an offence in respect of which an order has been made under section 282 of this Act or sec­ 257 Part 4 s 294 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 tion 35 of the Children and Young Persons Act 1974) shall be deemed to be a conviction for that offence.
(5) Where a Youth Court makes an order pursuant to subsection (1)(c) of this section in respect of a young person, that young person shall not be required to pay the Assessment Centre fee payable under section 65(4) of the Land Transport Act 1998 in respect of that order unless the Youth Court, being satisﬁed that the young person has the capacity to pay that fee within a period of 12 months from the date on which the fee is payable, so orders.
Section 293A was inserted, as from 1 April 1990, by section 35(3) Social Wel­ fare (Transitional Provisions) Act 1990 (1990 No 26).

Subsection (1)(a) was amended, as from 30 June 2002, by section 186 Sen­ tencing Act 2002 (2002 No 9), by substituting “section 124 of the Sentencing Act 2002” for “section 83 of the Criminal Justice Act 1985”.

See sections 148 to 160 of that Act for the transitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Subsection (1)(b) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “the Land Transport Act 1998” for “section 30 or section 30AA or section 30AB of the Transport Act 1962”.

Subsection (1)(c) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “section 65 of the Land Transport Act 1998” for “section 30A of the Transport Act 1962”.
Subsection (2) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting “sections 124 to 126 of the Sentencing Act 2002” for “section 83 of the Criminal Justice Act 1985”.

See sections 148 to 160 of that Act for the transitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Subsection (3) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “Parts 5 to 7 of the Land Transport Act 1998” for “sections 30B to 30D and 33 to 41 of the Transport Act 1962”, and by omitting “Part 6 of”.
Subsection (4) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “section 32(1) or section 65(1) of the Land Transport Act 1998” for “section 30AA(4) or section 30A(1)(a) of the Transport Act 1962”.

Subsection (5) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “section 65(4) of the Land Transport Act 1998” for “section 30B(1) of the Transport Act 1962”.
294 Demerit points Where— 258 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 295 (a) (b) A charge against a young person is proved before a Youth Court; and The offence is such that, if the offender were convicted in a District Court, the Director of Land Trans­ port would be obliged under section 88 of the Land Transport Act 1998 to record demerit points in respect of the offender,— the young person is, unless the information is discharged under section 282 of this Act, deemed, for the purposes of sections 88 to 91 of the Land Transport Act 1998 and of any regula­ tions made under section 167(1)(g) of that Act, to have been convicted of that offence, and the provisions of those sections of that Act and those regulations apply accordingly with all necessary modiﬁcations.
Compare: 1974 No 72 s 38 Section 294 was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

Paragraph (b) was amended, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting “Safety”.

See sections 20 to 22 of that Act as to the savings and transitional provisions.
295 Recall to come before Court (1) Where the Court makes an order under section 283(c) of this Act, the Court may, at any time during the duration of the order, direct, on the application of a Social Worker or member of the Police, the issue to the young person in respect of whom the order was made of a summons, in a form prescribed by rules of Court, to appear before the Court.
(2) Where a young person appears before the Court on a summons issued under subsection (1) of this section, the Court may con­ sider the matter and after taking into account such factors as may be relevant since the making of the order, exercise any of the powers conferred on it under section 283 of this Act, ex­ cept that,— (a) Where any power conferred by paragraph (d), para­ graph (e), paragraph (f), paragraph (g) or paragraph (h) of that section was exercised in the ﬁrst instance, the powers so exercised shall not be exercised again; and 259 Part 4 s 296 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) (b) Where the Court makes a further order under paragraph (c) of that section, the Court shall not, if the young person appears before the Court on a summons issued under subsection (1) of this section in relation to that further order, make any further order under that para­ graph.
In any case where a young person does not appear in answer to a summons that has been served under this section, a Youth Court Judge or District Court Judge may direct the issue of a warrant to arrest that young person and bring that young person before the Court.

Compare: 1974 No 72 s 36(3) Subsection (1) was amended, as from 13 September 2002, by section 6 Fam­ ily Courts Amendment Act 2000 (2000 No 65) by substituting “prescribed by rules of Court” for “prescribed for the purposes of this subsection”.
See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).

296 Expiry of orders Expiry of orders Every order made under paragraph (c), paragraph (k), para­ graph (l), paragraph (m), or paragraph (n) of section 283 of this Act shall, unless it sooner expires, expire 6 months after the young person in respect of whom the order is made attains the age of 17 years.
Powers of court where young person already subject to order made under this Part 297 Powers of Court in dealing with young person subject to order made under this Part of this Act Where a Court ﬁnds a charge against a young person proved, and that young person is subject to an order made by a Court under this Part of this Act, the Court may— (a) Subject to section 285(5) of this Act, make such order under section 283 of this Act as the Court thinks ﬁt in addition to the order to which the young person is subject: Revoke the order to which the young person is subject and make such order under section 283 of this Act as the Court thinks ﬁt.
(b) 260 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 299 Community work order 298 Community work order (1) (2) Subject to this section, where a charge against a young person is proved before a Youth Court, the Court may, with the con­ sent of the young person, order that the young person under­ take work in the interests of the community for such number of hours, being not less than 20 nor more than 200, as the Court may specify.
The work required to be undertaken for the purposes of a com­ munity work order shall— (a) (b) A Social Worker; or Be performed within such period not exceeding 12 months as the Court shall specify: Be performed under the supervision of— (i) (ii) Any person or organisation (being a person or or­ ganisation approved by the chief executive either generally or in the particular case) who or which agrees to supervise the order.
(3) No Youth Court shall make a community work order unless it is satisﬁed that suitable work is available for the young person to perform for the purposes of the order.

Compare: 1974 No 72 s 36(1)ia); 1977 No 126 s 10(2) Subsection (2)(b)(ii) was amended, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82) by sub­ stituting “chief executive” for “Director­General”.
299 Failure to comply with community work order (1) A Youth Court may at any time, on the application of a Social Worker or the person or organisation supervising the order, cancel a community work order and substitute, in relation to the young person in respect of whom that order was made, any other order that could have been made at the time that order was made.
The Court shall not cancel a community work order and substi­ tute any other order under subsection (1) of this section unless it is satisﬁed— (a) That the young person has failed without reasonable excuse to perform the work satisfactorily in accordance with the order; or (2) 261 Part 4 s 300 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (b) That the young person has failed without reasonable excuse to complete the required number of hours within the period prescribed.
(b) (c) (b) 300 Variation or cancellation of community work order (1) A community work order may at any time, on the application of the young person or a Social Worker or the person or organ­ isation supervising the order, be varied by reducing the num­ ber of hours of service to be performed for the purposes of the order, or cancelled, by a Youth Court, on any of the following grounds: (a) That there has been a change of circumstances since the order was made that would justify the variation or cancellation of the order: That a continuation of the order is no longer necessary in the interests of the community or the young person: That no, or no more, work is available to be performed by the young person for the purposes of the order.
(2) Without limiting subsection (1) of this section, a Youth Court may, on the application of the young person or a Social Worker or the person or organisation supervising the order, suspend, for such time as it thinks ﬁt, the running of the period during which the work is to be performed for the purposes of a com­ munity work order if it is satisﬁed— (a) That the young person has arranged to perform the work or any part of it during a speciﬁed period; and Because of incapacity or any humanitarian or other rea­ sons considered sufﬁcient by the Court, it will be impos­ sible for the young person to perform the work during that period or that it would be unreasonable to require the young person to do so.
(3) Where a Social Worker or the person or organisation super­ vising the order applies for the cancellation of a community work order on the ground set out in subsection (1)(c) of this section, that Social Worker or person or organisation may also, in that application, apply to the Court to substitute another order in place of the community work order; and in such a case the Court may make such other order that could have been made when the community work order was made.
262 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 302 301 Procedural provisions relating to application under (1) (2) section 300 Every application under section 300 of this Act shall— (a) In the case of an application by a young person, be served on the Social Worker or person or organisation supervising the order: In the case of an application by a Social Worker or per­ son or organisation supervising the order, be served on the young person.
(b) The following persons shall be entitled to appear and be heard at the hearing of the application: The applicant: (a) (b) The person on whom the application is served: (c) With the leave of the Court, any other person.
Compare: 1985 No 120 s 35 302 Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to young persons performing work under community work order When a young person performs any service or does any work for the purposes of a community work order, the following provisions apply: (a) if the young person suffers any personal injury for which he or she has cover under the Injury Prevention, Rehabilitation, and Compensation Act 2001 arising out of and in the course of performing that service or doing that work,— (i) the personal injury is deemed, for the purposes of section 97 of that Act only, to be a work­related personal injury; and the Crown is liable to pay compensation to which the young person is entitled under that section: (ii) (b) the cost of all other entitlements of the young person under that Act must be met from the Earners’ Account in the case of a young person who is an earner and from the Non­Earners’ Account in all other cases.
Compare: 1985 No 120 s 62 Section 302 was substituted, as from 1 April 2000, by section 9(1) Accident Insurance Amendment Act 2000 (2000 No 6).
263 Part 4 s 303 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 The heading to section 302 was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49), by substituting “Injury Prevention, Rehabilitation, and Compensation Act 2001” for “Accident Insurance Act 1998”.

See Part 10 of that Act for pro­ visions relating to transition from competitive provision of workplace accident insurance.
See Part 11 of that Act for transitional provisions relating to entitle­ ments provided by Corporation.

Paragraph (a) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, rehabilitation, and Compensation Act 2001 (2001 No 49), by sub­ stituting “Injury Prevention, Rehabilitation, and Compensation Act 2001” for “Accident Insurance Act 1998”.

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.
See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

Paragraph (a)(i) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, rehabilitation, and Compensation Act 2001 (2001 No 49), by sub­ stituting “section 97” for “section 76”.

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insur­ ance.
See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
303 Effect of subsequent sentence Where— (a) A community work order is in force in respect of a young person; and (b) A sentence of imprisonment or a community­based sen­ tence (as those terms are deﬁned in section 4(1) of the Sentencing Act 2002) or a sentence of home detention under section 80A of the Sentencing Act 2002 is sub­ sequently imposed on that young person for another of­ fence,— the community work order shall be deemed to be cancelled unless the Court imposing that sentence otherwise orders.
Compare: 1985 No 120 s 63(1) Section 303(b): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
Paragraph (b) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting “sentence of imprisonment or a commu­ nity­based sentence (as those terms are deﬁned in section 4(1) of the Sentencing Act 2002)” for “full­time custodial sentence or a community­based sentence (as those terms are deﬁned in section 2(1) of the Criminal Justice Act 1985)”.

See sections 148 to 160 of that Act for the transitional and savings provisions.
See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
264 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 305 Provisions relating to supervision orders and supervision with activity orders 304 Duty of chief executive to provide for supervision Where, pursuant to section 283(k) or section 307(1) of this Act, a young person is placed under the supervision of the chief executive, the chief executive shall from time to time appoint a Social Worker to supervise the young person on behalf of the chief executive.
Compare: 1974 No 72 s 45A; 1983 No 129 s 12(1) Section 304 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
305 Conditions of supervision order Where the Court makes an order under section 283(k) of this Act placing a young person under the supervision of the chief executive or a person or organisation speciﬁed in the order, the following conditions shall apply: (a) The Social Worker or person or organisation under whose supervision the young person is may, at all reasonable times, visit and enter the building or place in which the young person is living: The young person shall report to the Social Worker or person or organisation as and when the young person is required to do so by the Social Worker or person or a representative of the organisation: The young person shall not reside at an address at which that Social Worker or person or organisation has di­ rected the young person not to reside: The young person shall only continue in employment, or continue to engage in any occupation, approved by that Social Worker or person or organisation: The young person shall ensure that the Social Worker or person or organisation knows at all times of the address at which the young person is residing for the time being: The young person shall not associate with any speci­ ﬁed person, or with persons of any speciﬁed class, with (b) (c) (d) (e) (f) 265 Part 4 s 306 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 whom the Social Worker or person or organisation has, in writing, warned the young person not to associate.
Compare: 1974 No 72 s 46(1); 1983 No 129 s 12(1) Section 305 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
306 Power of Court to impose additional conditions (1) (c) (d) (b) The Court, in making an order under section 283(k) of this Act placing a young person under the supervision of the chief ex­ ecutive or a person or organisation speciﬁed in the order, may, in its discretion, impose any or all of the following conditions: That any sum required to be paid by that young person (a) pursuant to an order made under paragraph (e) or para­ graph (f) of section 283 of this Act shall be paid within such period and by such instalments as may from time to time be directed by the Social Worker or person or organisation under whose supervision the young person is: That the young person shall not own or drive a motor­ cycle or any other kind of motor vehicle: That the young person shall not associate with any spe­ ciﬁed person or with persons of any speciﬁed class: That the young person shall undergo any speciﬁed med­ ical examination and treatment or any speciﬁed psy­ chological or psychiatric examination, counselling, and therapy: Such conditions relating to the young person’s place of residence, employment, or earnings as the Court thinks ﬁt: Such other conditions as the Court thinks ﬁt to reduce the likelihood of further offending by the young person.
The Court shall not impose any condition under subsection (1) of this section requiring any young person to undergo any medical, psychiatric, or psychological examination or treat­ ment, or any psychological or psychiatric counselling or ther­ apy, unless consent to the examination, treatment, counselling, or therapy is given— (a) In the case of a young person of or over the age of 16 years, by that young person; or (e) (f) (2) 266 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 307 (b) In any other case,— (i) (ii) (iii) By a parent or guardian (not being the chief ex­ ecutive) of the young person; or If there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or If there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by a District Court Judge or the chief executive.
Compare: 1974 No 72 s 47(1)(a)­(f), (i); 1983 No 129 s 12(1) Subsections (1) and (2)(b) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
307 Supervision with activity order (1) Where a charge against a young person is proved before a Youth Court, the Court may, with the consent of the young per­ son, make an order placing the young person under the super­ vision of the chief executive or such person or organisation as may be speciﬁed in the order for a period not exceeding 3 months, and imposing either or both of the following condi­ tions: (a) That the young person attend and remain at, for such weekday, evening, and weekend hours each week and for such number of months as the Court thinks ﬁt, any speciﬁed centre that is approved by the Department, and take part in such activity as may be required by the per­ son in charge of the centre: That the young person undertake any speciﬁed pro­ gramme or activity.
(b) (2) Where the Court makes an order under subsection (1) of this section in respect of a young person, it may at the same time make an order under section 283(k) of this Act placing that young person under the supervision of the chief executive or such person or organisation as is speciﬁed in the order for such period (not exceeding 3 months) as the Court may specify, and 267 Part 4 s 308 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 any order so made under that section shall come into force on the expiry of the order made under subsection (1) of this section.
(3) Where, in respect of any young person, the Court makes an order under subsection (1) of this section, and, pursuant to subsection (2) of this section, at the same time makes an order under section 283(k) of this Act, both orders shall place the young person under the supervision of the same person or or­ ganisation.
Compare: 1974 No 72 s 47(1)(g), (h); 1983 No 129 s 12(1) Subsections (1) and (2) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

308 Conditions of supervision with activity order (1) The conditions speciﬁed in section 305 of this Act shall apply to every order made under section 307(1) of this Act as if that order were an order made under section 283(k) of this Act.
The Court may, in making an order under section 307(1) of this Act, impose any or all of the conditions speciﬁed in section 306 of this Act.
(2) 309 Failure to observe conditions of supervision order or supervision with activity order (1) Where the Court makes an order under section 283(k) or sec­ tion 307 of this Act placing a young person under the supervi­ sion of the chief executive or a person or organisation speciﬁed in the order, the chief executive or, as the case may be, that per­ son or organisation may, in any case where the young person has failed to comply with a condition of the order (including any condition imposed under section 306 of this Act), apply to the Court for a declaration that the young person has failed to comply with the condition.
The Court may, on any application under subsection (1) of this section, where it is satisﬁed that any young person or the parent or guardian or other person having the care of the young person has failed, without reasonable excuse, to comply with the condition of the order, make a declaration to that effect and may— (2) 268 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 310 (3) (a) Cancel the order, and in substitution for that order make such other order under section 283 of this Act as the Court thinks ﬁt; or (b) Make any order that the Court is empowered to make under section 310 of this Act as if an application had been made under that section in relation to that order.
Every application under this section shall be served on the young person to whom the order relates and on any parent or guardian or other person having the care of the young person.

Compare: 1974 No 72 s 48(1)­(3) Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
310 Suspension, cancellation, and variation of supervision order or supervision with activity order (1) Where the Court makes an order under section 283(k) or sec­ tion 307 of this Act placing a young person under the supervi­ sion of the chief executive or a person or organisation speciﬁed in the order, it may on application by that young person, or any parent or guardian or other person having the care of the young person,— (a) (b) (c) Cancel the order: Suspend the order for such period as may be speciﬁed: Suspend any condition of the order for such period as may be speciﬁed: (2) (d) Vary any condition of the order.
Every application under subsection (1) of this section shall be served on— (a) The chief executive, in any case where the young person is placed under the supervision of the chief executive; or In any other case, the person or organisation under whose supervision the young person is placed,— who shall be entitled to appear and be heard at the hearing of the application.
(b) (3) Where the Court makes an order under section 283(k) or sec­ tion 307 of this Act placing a young person under the supervi­ sion of the chief executive or a person or organisation speciﬁed 269 Part 4 s 311 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 in the order, it may on application made by the chief executive (where the young person is placed under the supervision of the chief executive), or the person or organisation under whose supervision the young person is placed (in any other case),— (a) (b) (c) Cancel the order: Suspend the order for such period as may be speciﬁed: Suspend any condition of the order for such period as may be speciﬁed: Impose a further condition of the order: Vary any condition of the order.
(d) (e) Every application under subsection (3) of this section shall be served on the young person and the parents or guardians or other person having the care of the young person to whom the order relates who shall be entitled to appear and be heard at the hearing of the application.
(4) (5) Where any application is made under subsection (1) or sub­ section (3) of this section for the suspension or variation of any condition of any order made under section 283(k) or sec­ tion 307 of this Act, the chief executive (in any case where the young person is placed under the supervision of the chief executive), or (in any other case) the person or organisation speciﬁed in the order, may suspend the condition until the ap­ plication has been heard and disposed of.
Subsections (1) to (3) and (5) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Supervision with residence orders Supervision with residence order 311 (1) Where a charge against a young person is proved before a Youth Court, the Court may make an order placing the young person in the custody of the chief executive for a period of 3 months.
(2) Where the Court makes an order under subsection (1) of this section in respect of a young person, it shall at the same time make an order under section 283(k) of this Act placing that young person under the supervision of the chief executive.
The order required to be made pursuant to subsection (2) of this section shall come into force on the expiry of the order (3) 270 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 312 made under subsection (1) of this section or the date on which the young person is released from the custody of the chief ex­ ecutive pursuant to section 314 of this Act, whichever ﬁrst oc­ curs.
Compare: 1974 No 72 s 36(1)(i)(i); 1983 No 129 s 8(1) Section 311 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
(c) (b) 312 Effect of supervision with residence order (1) Where the Court makes an order under section 311 of this Act placing a young person in the custody of the chief executive,— the chief executive has the role of providing day­to­day (a) care for the child or young person as if a parenting order had been made with respect to the child or young person under section 48(1) of the Care of Children Act 2004; and Except to the extent that they are preserved by the Court in any order made under section 313 of this Act, all the rights, powers, and duties of every other person having custody of the young person shall be suspended and shall have no effect; and for the purposes of section 91 of the Care of Children Act 2004,— (i) the order constitutes an order about the role of providing day­to­day care for the child or young person; and the chief executive is a person who, under the order, has the role of providing day­to­day care for the child or young person.
(2) Any order made under section 311(1) of this Act shall be suf­ ﬁcient authority for any member of the Police or any Social Worker or any other person authorised in that behalf by the chief executive to take the young person to whom the order relates to such residence as is speciﬁed in the plan prepared under section 335 of this Act in relation to that young person and approved by the Court, and to use such force as is reason­ ably necessary for that purpose.
(ii) 271 Part 4 s 313 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) Where the Court makes an order under section 311 of this Act placing a young person in the custody of the chief executive, the chief executive may, with the approval of the Court, trans­ fer the young person from any residence under this Act to any other residence under this Act, and may, for that purpose, use such force as is reasonably necessary.
Section 312 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsection (1)(a) and (c) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “Care of Children Act 2004” for “Guardianship Act 1968”.
313 Court may make orders for access and exercise of other rights by parents and other persons (1) Where the Court makes an order under section 311 of this Act placing a young person in the custody of the chief executive, it may on making the order, or at any time thereafter, on ap­ plication made by any parent of that young person or by any other person, make an order— (a) Granting access to that young person to that parent or other person: Conferring on that parent or other person such other rights in relation to the young person as it thinks ﬁt.
(b) (2) Any such order may be made on such terms and conditions as the Court thinks ﬁt.

Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
314 Chief executive may release young person from custody before expiry of supervision with residence order Where the Court makes an order under section 311 of this Act placing a young person in the custody of the chief executive, the chief executive shall, when that young person has been in the custody of the chief executive pursuant to that order for a period of 2 months, release the young person from that custody if— (a) The chief executive is satisﬁed that the young person has not committed any further offence in the period dur­ 272 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 316 ing which the young person has been in the custody of the chief executive; and (b) The young person has not absconded during that period.
Section 324 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
315 Supervision with residence order to cease to run if young person absconds Where a young person who is subject to an order made under section 311(1) of this Act absconds from the custody of the chief executive, any time during which that young person is unlawfully at large shall not count as part of the period during which that young person is in the custody of the chief execu­ tive pursuant to that order.
Section 315 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
316 Court may cancel supervision with residence order if young person absconds (1) A Youth Court may, on the application of the chief executive, cancel an order made under section 311 of this Act placing a young person in the custody of the chief executive if the Court is satisﬁed that the young person has, at any time while that order is in force, absconded from the custody of the chief executive.
(2) Where the Court cancels a supervision with residence order under subsection (1) of this section,— (a) The Court shall at the same time cancel the order re­ quired to be made under section 311(2) of this Act in conjunction with that order: The Court may substitute, in relation to the young per­ son in respect of whom the order was made, any other order that it could have made at the time when the order was made.
(b) (3) Every application under this section shall be served on the young person to whom the supervision with residence order relates, and on the barrister or solicitor or Youth Advocate rep­ 273 Part 4 s 317 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 resenting that young person, and those persons shall be entitled to appear and be heard at the hearing of the application.
Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

317 When supervision with residence order ceases to have (1) effect Every order made under section 311(1) of this Act shall cease to have effect when the term of the order expires or the young person is sooner released from the custody of the chief execu­ tive pursuant to section 314 of this Act.
(2) Where an order made under section 311(1) of this Act expires or is cancelled pursuant to section 316 of this Act, custody of the young person shall revert to the person having custody of the young person immediately before the order was made.

Compare: 1974 No 72 s 49(1)­(7), (9); 1983 No 129 s 13 Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
318 Search without warrant (1) For the purpose of exercising the powers conferred by section 312 of this Act in respect of any young person, any member of the Police or any Social Worker or any other person authorised in that behalf by the chief executive may, without a warrant, enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, and remove the young person.
Every member of the Police or Social Worker or other person who exercises any powers under this section shall, on entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and, if requested at any subsequent time,— (a) (b) Disclose that those powers are being exercised under Produce evidence of identity; and this section.
Compare: 1974 No 72 s 49AB; 1983 No 129 s 13 Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
(2) 274 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 4 s 320 319 Medical treatment of young person in custody of chief executive No young person who has been placed in the custody of the chief executive pursuant to an order made under section 311 of this Act shall receive any medical treatment unless consent to the treatment is given— (a) In the case of a young person of or over the age of 16 years, by that young person; or In any other case,— (i) (b) (ii) (iii) By a parent or guardian (not being the chief ex­ ecutive) of the young person; or If there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or If there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by a District Court Judge or the chief executive.
Section 319 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Reports on effectiveness of orders 320 Report to be made to Court on effectiveness of certain orders (1) Where the Court makes a community work order under section 298 of this Act, the Social Worker or, as the case may be, the person or organisation supervising the order shall, on the expiry of the order, furnish to the Court a report in writing.
(2) Where, pursuant to an order made under section 283(k) or sec­ tion 307 of this Act (including any order made pursuant to sec­ tion 307(2) or section 311(2) of this Act), a young person is placed under the supervision of the chief executive or a per­ son or organisation, the chief executive or, as the case may be, that person or organisation shall, on the expiry of the period speciﬁed in the order, furnish to the Court a report in writing.
275 Part 5 s 321 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) Where, pursuant to an order made under section 311(1) of this Act, a young person is placed in the custody of the chief ex­ ecutive, the chief executive shall, on the expiry of the order, furnish a report to the Court in writing.
Every report required by this section to be furnished to the Court in relation to any order shall contain an assessment of the effectiveness of the order, the young person’s response to it, and such other information as the person who is required to furnish the report considers relevant.
(4) (5) Where, pursuant to this section, any person or organisation furnishes a report to the Court, that person or organisation shall send a copy of that report to— (a) (b) (c) The appropriate Youth Justice Co­ordinator; and The young person to whom the report relates; and The barrister or solicitor or Youth Advocate represent­ ing that young person.
Subsections (2) and (3) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Part 5 Provisions relating to procedure in Youth Court General 321 Application of District Courts Act 1947 and Summary Proceedings Act 1957 Subject to the provisions of this Act, the provisions set out in Schedule 1 to this Act shall apply, with such modiﬁcations as are indicated in that Schedule or are necessary, to Youth Courts and to proceedings in such Courts, as the case may require.
For the purposes of section 293 of this Act every Youth Court and its ofﬁcers shall have all the powers and duties of a District Court and its ofﬁcers respectively, and Part 3 of the Summary Proceedings Act 1957 shall apply accordingly with all ne­ cessary modiﬁcations and the following speciﬁc modiﬁcation, namely, that where any child or young person is examined as to the means of that child or young person under that Part of (1) (2) 276 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 5 s 323 (3) that Act any parent or guardian or other person having the care of that child or young person may be present.
In any provisions so applied the term District Court Judge, for the purposes of this Act, means a Youth Court Judge exer­ cising jurisdiction in a Youth Court.

(4) Any ofﬁcer of a District Court may act as an ofﬁcer of a Youth (5) Court.
For the avoidance of doubt, it is hereby declared that, in any case where a child or young person ﬁrst appears before a Youth Court following his or her arrest, the following powers may be exercised in relation to the child or young person by a Justice or Community Magistrate: (a) (b) Where the child or young person is legally represented in the proceedings, the powers conferred by section 246(b) of this Act.
The powers conferred by section 238(1) of this Act: Compare: 1974 No 72 s 99 Subsection (5) was inserted, as from 8 January 1995, by section 40 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsection (5) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76) by inserting “or Community Magistrate”.
322 Time for instituting proceedings A Youth Court Judge may dismiss any information charging a young person with the commission of an offence if the Judge is satisﬁed that the time that has elapsed between the date of the commission of the alleged offence and the hearing has been unnecessarily or unduly protracted.
Compare: 1974 No 72 s 100 Youth advocates 323 Appointment of Youth Advocate to represent child or young person (1) Where a child or young person appears before a Youth Court charged with an offence, then unless— (a) The child or young person is already represented by a barrister or solicitor in those proceedings; or 277 Part 5 s 324 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (b) The Court is satisﬁed that legal representation has been arranged, or will be arranged, for that child or young person in those proceedings,— the Court shall appoint a barrister or solicitor to represent that child or young person in those proceedings.
(2) Where the Court appoints a barrister or solicitor under subsec­ tion (1) of this section, it shall, so far as practicable, appoint a barrister or solicitor who is, by reason of personality, cul­ tural background, training, and experience, suitably qualiﬁed to represent the child or young person.
(3) Where,— (a) Pursuant to subsection (1) of this section, the Court is required to appoint a barrister or solicitor to represent a child or young person in any proceedings; and (b) A Youth Advocate has been appointed to represent the child or young person in any previous proceedings,— the Court shall, where possible, appoint that Youth Advocate to represent the child or young person in the later proceedings.
324 Further provisions relating to Youth Advocate (1) A Youth Advocate appointed to represent a child or young person in any proceedings shall have, in relation to the rep­ resentation of that child or young person in those proceedings and on any other occasion on which that Youth Advocate rep­ resents that child or young person, the same rights, powers, duties, privileges, and immunities that the Youth Advocate would have had if he or she had not been appointed pursuant to section 323 of this Act but had been retained by that child or young person to provide legal representation.
(2) Where— (a) (b) A Youth Advocate is appointed to represent a young person in any proceedings; and In those proceedings the Court makes, in respect of that young person, any order under section 283 of this Act,— that Youth Advocate shall, if the young person agrees, be en­ titled to represent the young person— (c) On any appeal under section 351 or section 352 or sec­ tion 353 or section 354 of this Act in respect of those 278 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 5 s 325 proceedings, and in any subsequent proceedings under Part 4 of this Act in relation to that order: In the proceedings before the District Court: (d) Where the Court makes an order under section 283(o) of this Act that the young person be brought before a Dis­ trict Court for sentence or decision,— (i) (ii) On any appeal against that sentence or decision: In relation to any matter arising out of that sen­ (iii) tence or decision while that young person is de­ tained in custody pursuant to that sentence or de­ cision.
(3) A Youth Advocate appointed to represent a child or young person in any proceedings may, if requested to do so by the child or young person,— (a) Attend any family group conference held under Part 4 of this Act in respect of the child or young person, and may make representations on behalf of the child or young person at any such conference: (b) Act on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in secure care, or the care of that child or young person in a residence.
325 Payment of Youth Advocate (1) The fees and expenses of a Youth Advocate shall, in accord­ ance with regulations made under this Act, be paid out of the Consolidated Account from money appropriated by Par­ liament for the purpose.

The bill of costs rendered by a Youth Advocate shall be given to the Registrar of the Court that appointed that Youth Advo­ cate, and the Registrar may tax the bill of costs.
(2) (3) A Youth Advocate who is dissatisﬁed with the decision of the Registrar as to the amount of the bill may, within 14 days af­ ter the date of the decision, apply to a Youth Court Judge to review the decision; and the Judge may make such order vary­ ing or conﬁrming the decision as the Judge considers fair and reasonable.
(4) Notwithstanding subsection (1) of this section, the Court may, if it thinks proper, order any party to the proceedings to refund 279 Part 5 s 326 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 to the Crown such amount as the Court speciﬁes in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any Court of competent jurisdiction.
Compare: 1980 No 94 s 162 Lay advocates 326 Appointment of lay advocate (1) Where a child or young person appears before a Youth Court charged with an offence, the Court may, on application by any person entitled to make representations in those proceedings on behalf of any person, or of its own motion, appoint any person, not being a barrister or solicitor, to appear in support of that child or young person in those proceedings.
(2) Where the Court appoints a lay advocate under subsection (1) of this section, it shall, so far as practicable, appoint a per­ son who has, by reason of personality, cultural background, knowledge, and experience, sufﬁcient standing in the culture of the child or young person in respect of whom the appoint­ ment is to be made to enable that person to carry out his or her duties under this Act.
The Court may make an appointment under subsection (1) of this section notwithstanding that the child or young person is represented in the proceedings by a barrister or solicitor.
(3) 327 Functions of lay advocate The principal functions of a lay advocate appointed under sec­ tion 326 of this Act are as follows: (a) To ensure that the Court is made aware of all cultural matters that are relevant to the proceedings: To represent the interests of the child’s or young per­ son’s whanau, hapu, and iwi (or their equivalents (if any) in the culture of the child or young person) to the extent that those interests are not otherwise represented in the proceedings.
(b) 280 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 5 s 329 328 Further provisions relating to lay advocate Subsections (2) and (3) of section 324 of this Act shall apply, with all necessary modiﬁcations, with respect to every lay ad­ vocate appointed under section 326(1) of this Act to appear in support of a child or young person in any proceedings as if that lay advocate were a Youth Advocate appointed to repre­ sent that child or young person in those proceedings.
328A Payment of lay advocate (1) The fees and expenses of any lay advocate appointed under section 326 of this Act shall, in accordance with regulations made under this Act, be paid out of public money appropriated by Parliament for the purpose.
(2) Notwithstanding subsection (1) of this section, the Court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the Court speciﬁes in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any Court of competent jurisdiction.
Section 328A was inserted, as from 1 November 1989, by section 3 Children, Young Persons, and Their Families Amendment Act 1989 (1989 No 70).
Attendance at hearings and right to make representations 329 Persons entitled to be present at hearing (1) No person shall be present during the hearing of any proceed­ ings in a Youth Court relating to a child or young person ex­ cept— (a) (b) (c) Ofﬁcers of the Court: The child or young person: The informant and any person, including any barris­ ter or solicitor, conducting the proceedings against the child or young person: The parents or guardians or other person having the care of the child or young person: (d) (e) Where a family group conference has been held under Part 4 of this Act in relation to the child or young person, 281 Part 5 s 330 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 a representative appointed by that family group confer­ ence: Any barrister or solicitor or Youth Advocate represent­ ing the child or young person: (f) (g) Any barrister or solicitor representing any parent or guardian of the child or young person: (h) Any Youth Justice Co­ordinator: (i) (j) Any Social Worker: Any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person: (k) Witnesses: (l) (m) Any other person whom the Judge permits to be present.
(2) Any witness shall leave the courtroom if asked to do so by the Accredited news media reporters: Judge.

(3) Nothing in this section limits any other power of the Court to hear proceedings in private or to exclude any person from the Court.
Compare: 1974 No 72 s 23; 1980 No 94 s 159(2), (3), (5) 330 Right to make representations in Youth Court (1) Where a child or young person appears before a Youth Court charged with an offence, representations may be made to the Court on behalf of the child or young person by— (a) (b) Any barrister or solicitor or Youth Advocate who rep­ The child or young person: (c) resents the child or young person: Any parent or guardian or other person having the care of the child or young person: (d) Any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person: (e) With the leave of the Court, any other person.
(2) Where a child or young person appears before a Youth Court charged with an offence, representations may be made to the Court on behalf of any parent or guardian or other person hav­ ing the care of that child or young person by— That parent or guardian or other person: (a) 282 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 5 s 332 (b) Any barrister or solicitor who represents that parent or (c) guardian or other person: Any lay advocate who appears in support of that parent or guardian or other person: (d) With the leave of the Court, any other person.
(3) Where, in respect of any child or young person who appears before a Youth Court charged with an offence, a family group conference has been held pursuant to Part 4 of this Act, a rep­ resentative of that family group conference shall be entitled to address the Court.
Compare: 1974 No 72 s 40(b), (c); 1983 No 129 s 9 Arrangements for hearings in Youth Courts 331 Matters before Court to be dealt with separately (b) So far as practicable the sittings of a Youth Court shall be so arranged that— (a) Persons attending are not brought into contact with per­ sons in attendance at any other Court; and Both the extent to which children and young persons are able to associate within the Court premises while await­ ing hearing, and the extent to which parents are obliged to congregate in common waiting facilities pending the hearing of proceedings in which they are involved, are reduced to a minimum.
Compare: 1974 No 72 s 22 332 Arrangements for hearing of proceedings in Youth Court So far as practicable the hearing of proceedings in a Youth (1) Court shall be arranged in a manner that keeps to a minimum the time that the persons involved have to wait for the proceed­ ings to be heard.
The time stated in every summons requiring a person to ap­ pear before a Youth Court shall be a time that accords with the reasonable expectation of the Registrar of the Court of the time when the proceedings in respect of which the summons is issued will be heard.
(2) 283 Part 5 s 333 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Reports 333 Medical, psychiatric, and psychological reports (1) If, at any stage of any proceedings under Part 4 of this Act, it appears to the Court that a medical, psychiatric, or psycho­ logical report should be available to the Court, the Court may make any order that a Family Court is empowered to make under any of the provisions of sections 178 and 181 of this Act, and the provisions of those sections and of sections 179, 180, 182, 183, 184, and 185 of this Act shall apply with such modiﬁcations as may be necessary.
(2) Without limiting the provisions of subsection (1) of this sec­ tion, the Court may obtain a psychiatric or psychological re­ port under this section in respect of a young person for the purpose of assisting the Court in determining— (a) Whether the young person is unﬁt to stand trial within the meaning of section 4 of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or If the young person is insane within the meaning of sec­ tion 23 of the Crimes Act 1961; or The type and duration of any order that it is empowered to make under Part 4 of this Act; or The nature of any requirement that it might impose as part of, or as a condition of, any order that it is empow­ ered to make under Part 4 of this Act.
(b) (d) (c) (3) Without limiting the provisions of subsection (1) of this sec­ tion, the Court may make it a condition of any grant of bail that a young person shall attend, in accordance with the Court’s directions, for the purposes of a psychiatric examination or a psychological assessment under this section.
Subsection (2) was amended, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) by inserting “or psychological” after the words “the Court may obtain a psychiatric”.

See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).
Subsection (2)(a) was amended, as from 1 September 2004, by section 51 Crim­ inal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) by sub­ stituting “unﬁt to stand trial within the meaning of section 4 of the Criminal Procedure (Mentally Impaired Persons) Act 2003” for “under disability within the meaning of section 108 of the Criminal Justice Act 1985”.

See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).
284 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 5 s 335 Subsection (3) was amended, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) by inserting “or a psychological assessment” after the words “for the purposes of a psy­ chiatric examination”.

See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).
(2) (3) 334 Report by Social Worker (1) Where the Court makes a ﬁnding that a charge against a young person is proved, the Court may, before making any order under section 283 of this Act, obtain a report from a Social Worker.

The Court shall not make an order under paragraph (k) or para­ graph (l) or paragraph (m) or paragraph (n) or paragraph (o) of section 283 of this Act unless a report from a Social Worker is ﬁrst obtained by the Court.
The Court shall consider every report furnished to it pursuant to this section.

Every report furnished to the Court pursuant to this section shall include— (a) Such information relating to the disposition of the case as will assist the Court in its consideration of the matter: Such information as the Court may direct.

(b) Every report required pursuant to this section shall be pre­ pared, where appropriate, in consultation with a Maatua Whangai worker.
Compare: 1974 No 72 s 41(3), (5); 1982 No 135 s 9(1) (5) (4) 335 Report to be accompanied by plan (1) Every report required under section 334 of this Act in relation to any order proposed to be made under paragraph (k) or para­ graph (l) or paragraph (m) or paragraph (n) of section 283 of this Act shall be accompanied by a plan containing details of how that order is to be implemented, including details of— (a) The arrangements that would be made for the care and control of the young person during the period in which the young person would be in the custody, or under the supervision, of the chief executive or any other person or organisation; and 285 Part 5 s 336 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) (b) The nature of any programme that would be provided to the young person during that period.
Every plan required by subsection (1) of this section shall be prepared— (a) Where it is proposed to place the young person under the supervision of any person (other than the chief ex­ ecutive), or any organisation, by that person or organ­ isation: By a Social Worker in any other case.

(b) Subsections (1)(a) and (2)(a) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
336 Court may obtain cultural or community report Before making any order under section 283 of this Act the Court may make any order that a Family Court is empowered to make under section 187 of this Act, and the provisions of that section shall apply with such modiﬁcations as may be ne­ cessary.
337 Reports may be made orally The Court may, unless any person entitled to make representa­ tions in the proceedings objects, direct that any report required pursuant to section 334 (other than a report to which subsec­ tion (2) of that section applies) or section 336 of this Act be made orally to the Court.
338 Privilege for reports The provisions of section 188 of this Act shall apply with such modiﬁcations as may be necessary with respect to every report furnished to the Court pursuant to section 333 or section 334 or section 336 of this Act.
339 Access to reports and plans under this Part of this Act The provisions of sections 191 to 194 of this Act shall apply with such modiﬁcations as may be necessary with respect to— Every report furnished to the Court pursuant to section (a) 333 or section 334 or section 336 of this Act; and 286 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 6 s 341 (b) Every plan furnished to the Court pursuant to section 335 of this Act.
Written statement of terms of orders 340 Written statement of terms of certain orders to be given to young person (1) Where a Court makes an order under paragraph (k) or para­ graph (l) or paragraph (m) or paragraph (n) or paragraph (o) of section 283 of this Act, it shall, before the young person leaves the Court, cause a written statement to be supplied to the young person to whom the order relates, and to the barrister or solici­ tor or Youth Advocate representing the young person, speci­ fying— (a) (b) The terms of the order: In the case of an order referred to in paragraph (n) or paragraph (o) of that section, the reasons for the making of that order: Provisions for variation of the order: The existence of rights of appeal against the order or the ﬁnding on which the order was based.
(c) (d) (2) For the purposes of subsection (1) of this section, the Court may direct that the young person shall remain at the Court for a period, not exceeding 1 hour, as may be necessary to enable the statement to be supplied to the young person.
(3) Where it is not practicable to supply a written statement to the young person before the young person leaves the Court, the statement shall be supplied to the young person, and to the barrister or solicitor or Youth Advocate representing that young person, as soon as practicable.
Compare: 1985 No 120 s 58 Part 6 Appeals Appeals from decisions of Family Courts 341 Rights of appeal against decisions of Family Courts (1) This subsection applies to a decision of a Family Court, in proceedings under this Act, to— 287 Part 6 s 342 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (a) make or refuse to make an order (other than an inter­ locutory or interim order); or dismiss the proceedings; or otherwise ﬁnally determine the proceedings.
(b) (c) (2) A party to proceedings in which there is made a decision to which subsection (1) applies, a child or young person to whom the proceedings relate, or any other person prejudicially af­ fected by the decision, may appeal to the High Court against the decision.
(3) A party to proceedings under this Act in a Family Court in which an interlocutory or interim order is made, a child or young person to whom the proceedings relate, or any other person prejudicially affected by the order, may, with the leave of the Family Court, appeal to the High Court against the order.

(4) An appeal under this section may be from the whole or part of the decision or order concerned.
Subsection (1) was amended, as from 3 June 1998, by section 2 Children, Young Persons, and Their Families Amendment Act 1998 (1998 No 30) by omitting “(including an interim order)”.

See section 5 of that Act as to a transitional provision relating to appeals from the Family Court to the High Court.

Section 341 was substituted, as from 24 November 2003, by section 4 Dis­ trict Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transitional provision relating to appeals.
See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

342 Procedure for bringing appeal [Repealed] Section 342 was substituted, as from 3 June 1998, by section 3 Children, Young Persons, and Their Families Amendment Act 1998 (1998 No 30).

See section 5 of that Act as to a transitional provision relating to appeals from the Family Court to the High Court.

Section 342 was repealed, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63).
See section 5 of that Act for the transitional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
343 Notice of appeal to be given to local principal manager of the Department Except where the appellant is the chief executive, notice of the fact that an appeal has been lodged under section 341(2) of this Act shall be given forthwith by the Registrar of the High 288 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 6 s 345 Court to the principal manager of the Department for the area in which the Court appealed from is situated.
Section 343 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Section 343 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “principal manager of the Department for the area” for “Director of Social Welfare for the District”.
Section 343 was amended, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63) by substituting “section 341(2)” for “section 341”.

See section 5 of that Act for the transitional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
344 Notice of appeal not to affect orders unless Court otherwise directs Except where the Court making the order appealed from other­ wise directs, the operation of an order made under this Act shall not be suspended by an appeal under section 341 of this Act, and every order made under this Act may be enforced in the same manner in all respects as if no appeal under that sec­ tion were pending.
Compare: 1980 No 94 s 174(9) Interim custody order pending appeal 345 (1) Any party to an appeal under section 341(2) of this Act may apply to the Court appealed from or to the High Court for an order relating to the custody of the child or young person to whom the appeal relates pending the determination of the ap­ peal, and the Court may make the order on such terms and conditions as it thinks ﬁt.
Every order made under subsection (1) of this section shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the appeal is ﬁnally determined by the High Court.

(2) (3) An order made under subsection (1) of this section shall have effect as if it were an order made under section 78 of this Act, and the provisions of sections 79 to 82 of this Act shall apply with respect to the order with such modiﬁcations as may be necessary.
289 Part 6 s 346 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (4) The High Court may at any time on the application of any party to the appeal or of its own motion vary, modify, or revoke any order made under subsection (1) of this section or vary, modify, or revoke any term or condition of the order.

Subsection (1) was amended, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63) by substituting “section 341(2)” for “section 341”.
See section 5 of that Act for the transitional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

346 Procedure on appeal (1) The High Court Rules and sections 74 to 77 of the District Courts Act 1947, with all necessary modiﬁcations, apply to an appeal under section 341 as if it were an appeal under section 72 of that Act.
(3) (2) On the ex parte application of the appellant, the Family Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.

Sections 156, 157, and 166 to 169, with all necessary modi­ ﬁcations, apply to the hearing in the High Court of an appeal under section 341.

Subsections (2) and (3) and sections 207O and 207U override subsection (1).
Section 346 was substituted, as from 3 June 1998, by section 4 Children, Young Persons, and Their Families Amendment Act 1998 (1998 No 30).

See section 5 of that Act as to a transitional provision relating to appeals from the Family Court to the High Court.

(4) Section 346 was substituted, as from 24 November 2003, by section 4 Dis­ trict Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transitional provision relating to appeals.
See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

347 Appeal to Court of Appeal (1) A party to an appeal under section 341 may, with the leave of the Court of Appeal, appeal to the Court of Appeal against all or part of any determination of the High Court made in the appeal.

(2) On the appeal, the Court of Appeal has the same power to adjudicate the High Court had.
290 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 6 s 350 Section 347 was substituted, as from 1 January 2004, by section 47 Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transi­ tional and savings provisions.
348 Determination of appeals (1) (2) Every decision of the High Court shall have effect as if it were a decision or order made by a Family Court and all the provi­ sions of this Act (except sections 341 to 347 of this Act) shall apply in respect of every such decision of the High Court ac­ cordingly.

(3) Subsection (1) was repealed, as from 24 November 2003, by section 4 Dis­ trict Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transitional provision relating to appeals.
See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

Subsection (3) was repealed, as from 1 January 2004, by section 48(2) Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transi­ tional and savings provisions.

349 Court may refer appeals back for reconsideration [Repealed] Section 349 was repealed, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63).
See section 5 of that Act for the transitional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
350 Decision of High Court and Family Court to be sent to chief executive (1) A copy of every decision given by the High Court under sec­ tion 348 of this Act, and a copy of every order or decision given by a Family Court in accordance with a direction given under section 349 of this Act, shall be sent by the Registrar of the High Court or the Family Court, as the case may be, to the principal manager of the Department for the area in which the Family Court whose decision or order is appealed against is situated.
(2) Notice of the fact that an appeal has not been proceeded with shall be given by the Registrar of the High Court to the princi­ pal manager of the Department for the area in which the High Court is situated.

291 Part 6 s 351 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Section 350 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Section 350 was further amended, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82) by sub­ stituting “principal manager of the Department for the area” for “Director of Social Welfare for the District”.
Appeals from decisions of Youth Court 351 Appeals from decisions of Youth Court by young person (1) Every young person who has been found by a Youth Court to have committed an offence may appeal to the High Court against— (a) (b) Any order made by the Court based on that ﬁnding: (c) Both the ﬁnding of the Court and any order made based on that ﬁnding.
The ﬁnding of the Court: (2) A young person may not appeal against a ﬁnding of the Court until the young person has been dealt with by the Court under section 283 of this Act.

(4) (3) Nothing in subsection (2) of this section shall prevent a young person who has not been dealt with by the Court under section 283 of this Act within 1 month after the date of the ﬁnding of the Court from appealing against the ﬁnding of the Court.
In any case where a young person has not been dealt with by the Court under section 283 of this Act within 1 month after the date of the ﬁnding of the Court and has not appealed to the High Court under subsection (3) of this section, the young person may appeal to the High Court in accordance with sub­ section (1) of this section after the Court has made any order or imposed any sentence on the young person.
Compare: 1974 No 72 s 53(1), (2); 1980 No 87 s 2 352 Appeal by parents or guardians or other persons having care of young person Any parent or guardian or other person having the care of a young person may appeal to the High Court against— 292 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 6 s 354 (a) Any order made by a Youth Court under section 283(k) or (m) or (n) of this Act in respect of that young person: (b) Any order made under section 283(e) of this Act requir­ ing that parent or guardian to pay a sum towards the cost of the prosecution: Any order made under section 283(f) of this Act requir­ ing that parent or guardian to make reparation to any person: (c) (d) Any order made under section 283(g) of this Act requir­ ing that parent or guardian to make restitution.
Compare: 1974 No 72 s 54; 1982 No 135 s 12 353 Appeal by persons other than young person dealt with in Youth Court (1) Any person, other than a young person, who is convicted in a Youth Court of any offence may appeal to the High Court against— (a) (b) Any sentence of the Court based on the conviction: (c) Both the conviction and any sentence of the Court based on the conviction.
The conviction: (2) No appeal against a conviction may be brought under subsec­ tion (1) of this section until the person convicted has been sen­ tenced or otherwise dealt with.
Compare: 1974 No 72 s 55 354 Appeal on a point of law only (1) Any person entitled to appeal under section 351 or section 352 or section 353 of this Act against any ﬁnding, sentence, or order of a Youth Court, may appeal against the ﬁnding, sen­ tence, or order as being erroneous in point of law to the High Court by way of case stated for the opinion of the High Court on a question of law only.
The informant in any proceedings before a Youth Court may appeal against any ﬁnding, sentence, or order made in those proceedings as being erroneous in point of law to the High (2) 293 Part 6 s 355 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Court by way of case stated for the opinion of the High Court on a question of law only.
Compare: 1974 No 72 s 56 355 Application of Part 4 of Summary Proceedings Act 1957 (1) Subject to the provisions of this Part of this Act, the provisions of Part 4 of the Summary Proceedings Act 1957 (including the other provisions of that Act that are applied in that Part), as far as they are applicable and with the necessary modiﬁcations,— So far as they relate to general appeals, shall apply with (a) respect to every appeal under section 351 or section 352 or section 353 of this Act: So far as they relate to appeals on points of law only by way of case stated, shall apply with respect to every appeal under section 354 of this Act.
(b) (2) In the application of the provisions of Part 4 of that Act, those provisions shall be read as if— (a) (b) (c) References to a District Court were references to a Youth Court; and The Registrar of the District Court of which the Youth Court in which the case was heard and determined is a division were the Registrar of that Youth Court; and References to a District Court Judge or Justice or Just­ ices or Community Magistrate or Community Magis­ trates (except the references to those terms in section 50(6) of the Summary Proceedings Act 1957) were ref­ erences to a Youth Court Judge exercising jurisdiction in a Youth Court.
Compare: 1974 No 72 s 57; 1982 No 135 s 13(2) Subsection (2)(c) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76) by inserting “or Community Magis­ trate or Community Magistrates”.
356 Effect of notice of appeal on certain orders (1) The operation of any order made by a Youth Court under para­ graph (k) or paragraph (l) or paragraph (m) or paragraph (n) of section 283 of this Act shall not be affected by the ﬁling of a notice of appeal relating to the order, unless the Youth Court Judge who presided over the Court making the order or, if that 294 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 6 s 358 Youth Court Judge is not available, some other Youth Court Judge exercising jurisdiction in a Youth Court, on application by the appellant, directs that the operation of the order shall be suspended pending the determination of the appeal.
(2) Notice of any application or direction under subsection (1) of this section shall be given by the Registrar to the principal manager of the Department for the area in which the Court is situated.

(3) Where a direction is given under subsection (1) of this section in respect of any order, the term of the order shall cease to run from the date of the direction.
Subsection (2) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “principal manager of the Department for the area” for “Director of Social Welfare of the district”.

357 Application of section 329 to hearing of appeal The provisions of section 329 of this Act, with all necessary modiﬁcations, shall apply to the hearing in the High Court of any appeal against a decision of a Youth Court.
Compare: 1974 No 72 s 59 358 Presence of young person at hearing of appeal (1) On the hearing of any appeal relating to an order under para­ graph (k) or paragraph (l) or paragraph (m) or paragraph (n) of section 283 of this Act (not being an appeal on a point of law only), the young person, if the young person is then, pursuant to that order, under the supervision of the chief executive or any other person or organisation, or, as the case may be, is in the custody of the chief executive, shall be entitled to be pre­ sent unless the High Court or a Judge of that Court otherwise directs.
(2) On the hearing of any appeal relating to an order made under section 283(n) of this Act (being an appeal on a point of law only), the young person, if the young person is then in the custody of the chief executive, shall not be entitled to be pre­ sent except with the leave of the High Court or a Judge of that Court.
295 Part 6 s 359 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) Where under this section a young person is entitled to be pre­ sent in the High Court on the hearing of any appeal, the per­ son having custody of that young person may, without further authority than this subsection, cause that young person to be taken to the High Court for the hearing.
(4) Where any appeal relating to a young person is made under this Part of this Act, the High Court or a Judge of that Court may order that the young person shall be present at the hearing.

Compare: 1974 No 72 s 60 Subsections (1) and (2) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
359 Presence of parents at hearing of appeal from decisions of Youth Court (1) Where any appeal relating to a young person is made under this Part of this Act from a decision of a Youth Court, the High Court or a Judge of that Court may order that any parent or guardian of the young person, or any person having the care of the young person, shall be present at the hearing, and may further order that that parent, guardian, or other person shall bring the young person with that person.
(2) Where, pursuant to subsection (1) of this section, the High Court or a Judge of that Court orders any person to be present at any hearing, the Registrar of that Court shall cause every person so ordered to be present to be served with written notice of the time and place at which that person is required to attend.
If any person fails to attend at the High Court in accordance with an order made under subsection (1) of this section, the Court may direct the issue of a warrant to arrest that person and bring that person before the Court.

(3) (4) At the hearing of any such appeal, any parent or guardian of the young person, or any person having the care of the young person, may be examined in respect of any matter relating to the proceedings.
Compare: 1974 No 72 s 61 296 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 361 360 Notiﬁcation of appeal and result of appeal to local Principal Manager of the Department (1) Where any appeal under this Part of this Act relates to an order made under paragraph (k) or paragraph (m) or paragraph (n) of section 283 of this Act, an additional copy of the notice of appeal shall be ﬁled, and the Registrar of the Youth Court shall forthwith deliver or post that copy to the principal manager of the Department for the area in which the Court is situated.
(2) Where the decision of the High Court on any such appeal has been given, the Registrar of the High Court shall send to that principal manager a certiﬁcate setting out the result of the ap­ peal.

(3) Where under section 107 of the Summary Proceedings Act 1957 (as applied to appeals under this Part of this Act) a Dis­ trict Court Judge has certiﬁed that any such appeal has not been prosecuted, the Registrar of the District Court shall send a copy of that certiﬁcate to that principal manager.
(4) Where any such appeal has been dismissed for non­prosecu­ tion, the Registrar of the High Court shall send a certiﬁcate to that effect to that principal manager.

Compare: 1974 No 72 s 62 Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “principal manager of the Department for the area” for “Director of Social Welfare for the District”.
Subsections (2) to (4) were amended, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82) by sub­ stituting “that principal manager” for “the Director”.
Part 7 Children and young persons in care of chief executive or other persons or bodies 361 Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395 of this Act Sections 362, 364, 365, 387, 390 to 392, 394, and 395 of this Act apply to— (a) Any child or young person who is placed in the care of the chief executive or an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family 297 Part 7 s 361 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Support Service pursuant to an agreement made under section 139 or section 140 or section 141 of this Act: (c) (b) Any child or young person who is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42 of this Act: Any child or young person who is placed in the custody of the chief executive or an Iwi Social Service or a Cul­ tural Social Service or the Director of a Child and Fam­ ily Support Service pursuant to an order made under section 78 or section 101 of this Act: (e) (d) Any child or young person who is placed under the sole guardianship of the chief executive or an Iwi Social Ser­ vice or a Cultural Social Service pursuant to an order made under section 110 of this Act: Any child or young person who is placed in the custody of an Iwi Social Service or a Cultural Social Service pursuant to section 234(c)(ii) of this Act: Any child or young person who is placed in the custody of the chief executive pursuant to section 235 of this Act: (f) (g) Any child or young person who is ordered to be detained in the custody of the chief executive or an Iwi Social Service or a Cultural Social Service pursuant to section 238(1)(d) of this Act: (i) (h) Any young person who is placed in the custody of the chief executive pursuant to a supervision with residence order made under section 283(n) of this Act: Any child or young person who is placed in the custody of the chief executive or an Iwi Social Service or a Cul­ tural Social Service or the Director of a Child and Fam­ ily Support Service pursuant to an order made under section 345 of this Act.
Section 361 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Paragraphs (a), (c), (d), (e), (g) and (i) were amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Authority or a Cultural Authority”.
298 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 363 Placement of children and young persons 362 Children and young persons may be placed in care of approved persons Subject to sections 43, 81, 104, and 114(2)(c) of this Act, the chief executive or, as the case requires, an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service may place any child or young person (being a child or young person to whom this section applies) who is in the care or custody or under the guardianship of the chief executive or, as the case requires, that Social Service or that Director in the charge of any person whom or organisation which the chief executive or, as the case requires, that Social Service or that Director considers suitable to provide for that child’s or young person’s care, control, and upbringing.
Compare: 1974 No 72 s 67 Section 362 was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Author­ ity or a Cultural Authority”, and by substituting “that Social Service” for “that Authority”.
Section 362 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

363 Payment to person or organisation providing care (1) The chief executive shall from time to time determine the rates of payment to persons and organisations in whose charge a child or young person is placed pursuant to section 362 of this Act.
(2) Where, pursuant to section 362 of this Act, any person (be­ ing the chief executive or an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service) places a child or young person in the charge of a per­ son or organisation, it is the duty of the ﬁrst­mentioned person to ensure that the payments speciﬁed in subsection (1) of this section are made and that any additional payments necessary to meet the reasonable needs of the child or young person are made.
Subject to any limits that are determined from time to time by the chief executive, the chief executive or, as the case requires, (3) 299 Part 7 s 364 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 an Iwi Social Service or a Cultural Social Service or the Dir­ ector of a Child and Family Support Service may make pay­ ments under this section at a higher rate in cases where there is special need.
Compare: 1974 No 72 s 68 Section 363 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsections (2) and (3) were amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Authority or a Cultural Authority”.
Residences 364 Authority to establish residences (1) The chief executive, with the approval of the Minister, may from time to time establish and maintain under this Act resi­ dences of such number and type as in the opinion of the chief executive may be required for the purpose of providing for the care and control of children and young persons to whom this section applies, and, in particular, shall endeavour to establish a sufﬁcient range of residences to cater effectively for the var­ iety of special needs of such children and young persons.
In particular, and without limiting the generality of subsection (1) of this section, the chief executive may, with the approval of the Minister, establish and maintain residences for any of the following purposes: (a) Remand, observation, assessment, classiﬁcation, and short­term training purposes: The provision of a variety of programmes of special training and rehabilitation: The provision of periodic training, of recreational, edu­ cational, or vocational activities, or of work either in a residence or in the community under supervision: The provision of secure care.
(d) It is hereby declared that every residence that the chief execu­ tive is authorised to establish under this Act is a public work within the meaning of the Public Works Act 1981.
Compare: 1974 No 72 s 69 (b) (c) (2) (3) 300 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 366 Section 364 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
364A Residence management committees [Repealed] Sections 364A and 364B were inserted, as from 1 April 1990, by section 35(4) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) and repealed, as from 1 April 1991, by section 4(1) Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
364B Functions of residence management committees [Repealed] Sections 364A and 364B were inserted, as from 1 April 1990, by section 35(4) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) and repealed, as from 1 April 1991, by section 4(1) Social Welfare (Transitional Provisions) Amendment Act 1991 (1991 No 4).
365 Chief executive may place children and young persons (1) (2) in residences The chief executive may place any child or young person to whom this section applies (being a child or young person who is in the care or custody or under the guardianship of the chief executive) in a residence established under section 364 of this Act.
In exercising the power conferred by subsection (1) of this section, the chief executive shall have regard to the objects and principles of this Act (as set out in sections 4, 5, and 6 of this Act) and to the principles set out in section 13 or, as the case may require, section 208 of this Act.

Section 365 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
366 Closing of residences and transfer of residents The chief executive may at any time, with the Minister’s ap­ proval, direct the closing of any residence established under section 364 of this Act, and may transfer the children and young persons in any such residence to any other residence under this Act, or place any such children and young persons 301 Part 7 s 367 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 in the care of any person or organisation pursuant to section 362 of this Act.
Compare: 1974 No 72 s 71 Section 366 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
367 Secure care Secure care Subject to sections 368 and 370 of this Act and to any regula­ tions made under section 447 of this Act, the chief executive may, in relation to any child or young person (not being a child or young person to whom section 361(a) of this Act applies) who is placed in a residence established under section 364 of this Act, place the child or young person in secure care in that residence.
Compare: 1974 No 72 s 49AA(a); 1983 No 129 s 13 Section 367 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
368 Grounds for placement in secure care (1) A child or young person may be placed in secure care in a residence if, and only if, such placement is necessary— (a) To prevent the child or young person absconding from the residence where any 2 of the conditions speciﬁed in subsection (2) of this section apply; or To prevent the child or young person from behaving in a manner likely to cause physical harm to that child or young person or to any other person.
(b) The conditions referred to in subsection (1)(a) of this section are— (a) The child or young person has, on one or more occa­ sions within the preceding 6 months, absconded from a residence or from Police custody: There is a real likelihood that the child or young person will abscond from the residence: (b) (2) 302 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 369 (c) The physical, mental, or emotional wellbeing of the child or young person is likely to be harmed if the child or young person absconds from the residence.
Section 368 was substituted, as from 8 January 1995, by section 41 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
369 Notice to be given where child or young person placed in secure care (1) Where any child or young person is placed in secure care, the chief executive shall give notice that the child or young person has been placed in secure care to— (a) At least one of the following persons: (i) (ii) A guardian (other than the chief executive) of the A parent of the child or young person: child or young person: (iii) Any other person previously having the care of the child or young person: (b) Any person nominated by the child or young person, in accordance with regulations made under section 447 of this Act, to receive any such notice: Either— (i) Any barrister or solicitor who represents the child or young person; or (c) (ii) Any Youth Advocate appointed under section 323 of this Act to represent the child or young person.
Every notice under subsection (1) of this section shall be given— (a) Where practicable, by telephone forthwith on the plac­ (b) ing of the child or young person in secure care; and By letter in accordance with subsection (3) of this sec­ tion.
Every notice under subsection (1) of this section that is given by letter shall— (a) Be sent not later than 24 hours after the child or young person is placed in secure care; and Specify the ground for placing the child or young person in secure care; and Contain a clear statement of— (b) (c) (2) (3) 303 Part 7 s 370 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (i) (ii) The right to apply under section 380 of this Act for a review of the placement of a child or young person in secure care; and The procedure for applying for such a review.
(4) Any notice required by this section to be given to any person by letter shall be deemed to have been received by that per­ son when the letter would have been delivered in the ordinary course of post, and in proving that the notice was given it shall be sufﬁcient to prove that the letter was properly addressed and posted.
Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
370 Time limits on detention in secure care (1) Subject to subsection (2) of this section, no child or young person shall be kept in secure care for a continuous period of more than 72 hours, or on more than 3 consecutive days (whether continuously or not), unless an approval has been granted under section 376 of this Act.
(2) Notwithstanding anything in subsection (1) of this section, no child or young person (being a child or young person who is placed in the custody of the chief executive pursuant to section 42 or section 235 of this Act) shall be kept in secure care for a continuous period of more than 24 hours unless an approval has been granted under section 376 of this Act.
In calculating, for the purposes of subsection (2) of this sec­ tion, the period for which a child or young person has been kept in secure care, any period spent in secure care on any of the following days shall not be included: (a) (3) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, Waitangi Day, Christmas Day, Boxing Day, New Year’s Day, or the second day of January: The day observed as the anniversary of the province in which the residence in which the child or young person is detained is situated: Any day that is a public holiday in the place in which that residence is situated.
(b) (c) 304 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 372 Subsection (2) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
371 Application for approval for continued detention in secure care (1) Where a child or young person is placed in secure care pur­ suant to section 367 of this Act, the chief executive may apply to a Family Court or a Youth Court or, where it is not practic­ able to apply to a Family Court or a Youth Court, to a District Court for approval for the continued detention of that child or young person in secure care.
(2) Where any application is made under subsection (1) of this section, the chief executive shall give written notice of the application to the following persons: (a) The child or young person in respect of whom the ap­ plication is made: Each parent or guardian of the child or young person: Any person who had the care of the child or young per­ son immediately before the child or young person was placed in the residence: (b) (c) (d) Any other person speciﬁed by the Court.
(3) Where notice of an application cannot be given to any person to whom paragraph (b) or paragraph (c) of subsection (2) of this section applies, the Court may, on such terms and condi­ tions as it thinks ﬁt, dispense with the giving of notice to that person.

Subsections (1) and (2) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
372 Registrar may authorise continued detention in secure care until application is determined (1) Where an application is made under section 371(1) of this Act in respect of a child or young person, the Registrar of the Court in which that application is ﬁled may, on the ex parte applica­ tion of the chief executive, make an order authorising the con­ tinued detention of that child or young person in secure care.
(2) An order made under subsection (1) of this section in respect of a child or young person shall, notwithstanding anything in 305 Part 7 s 373 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 section 370 of this Act, be sufﬁcient authority to detain that child or young person in secure care until— (a) The application made under section 371(1) of this Act in respect of that child or young person is ﬁnally deter­ mined; or The expiry of the period of 3 days commencing on the date on which that application is made— (b) whichever ﬁrst occurs.
(3) A Registrar shall not make an order under subsection (1) of this section in respect of a child or young person unless that Registrar is satisﬁed that it is necessary, on either or both of the grounds speciﬁed in section 368 of this Act, to detain that child or young person in secure care pending the determination of an application under section 371(1) of this Act.
(5) (4) Where an order is made under subsection (1) of this section, any person affected by that order may apply at any time for the discharge of that order.

The provisions of section 378 of this Act shall apply, with all necessary modiﬁcations, with respect to every order made under subsection (1) of this section as if such an order were the decision of a Court on an application made under section 371 of this Act.
The provisions of section 379 of this Act shall apply, with all necessary modiﬁcations, with respect to every order made under subsection (1) of this section as if such an order were an approval granted by a Court under section 376 of this Act.

Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
(6) 373 Persons entitled to be present at hearing of application under section 371 (1) No person shall be present during the hearing of an application under section 371 of this Act in respect of a child or young person except— (a) (b) (c) (d) Any near relative of the child or young person: Ofﬁcers of the Court: The child or young person: Any parent or guardian of the child or young person: 306 (j) (k) Witnesses: (l) Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 374 (e) (f) Any member of the child’s or young person’s whanau or family group: Any person who had the care of the child or young per­ son immediately before the child or young person was placed in the residence: (g) Any barrister or solicitor representing the child or young person or any parent or guardian of the child or young person: (h) Any lay advocate who appears in support of— The child or young person; or (i) (ii) Any parent or guardian of the child or young per­ son: (i) The manager of the residence in which the child or young person is detained, or a representative of that manager: Any Social Worker: Any person whom the Court permits to be present.
(2) Any witness shall, if asked to do so by the Judge, leave the courtroom or other room where the hearing is held.

(3) Nothing in subsection (2) of this section limits any other power of the Court to hear the application in private or to exclude any person from the Court.

Subsection (1)(i) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “manager” for “Director”.
374 Right to make representations (1) On the hearing of an application under section 371 of this Act in respect of a child or young person, representations may be made to the Court by— (a) The applicant, or any barrister or solicitor representing the applicant: The child or young person: Any parent or guardian of the child or young person: (b) (c) (d) Any barrister or solicitor who represents the child or young person or any parent or guardian of the child or young person: Any lay advocate who appears in support of— (e) 307 Part 7 s 375 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 The child or young person; or (i) (ii) Any parent or guardian of the child or young per­ son: (f) With the leave of the Court, any other person.
(2) Where a child or young person who is the subject of an ap­ plication under section 371 of this Act is not represented by a barrister or solicitor, the Court shall— (a) In the case of a young person to whom section 361(h) of this Act applies, appoint a Youth Advocate under sec­ tion 323 of this Act to represent that young person, and the provisions of that section and of sections 324 and 325 of this Act shall apply with all necessary modiﬁca­ tions with respect to that appointment: In any other case, appoint a barrister or solicitor under section 159 of this Act to represent that child or young person, and the provisions of that section and of sections 161 and 162 of this Act shall apply with all necessary modiﬁcations with respect to that appointment.
(b) 375 Hearing to be held in residence wherever practicable The hearing of an application under section 371 of this Act shall, where practicable, be held in the residence in which the child or young person to whom the application relates is de­ tained.
376 Court may authorise continued detention in secure care (1) If, on an application under section 371 of this Act in respect of a child or young person, the Court is satisﬁed that it is neces­ sary, on either or both of the grounds speciﬁed in section 368 of this Act, to detain the child or young person in secure care, the Court may grant an approval authorising the continued deten­ tion of the child or young person in secure care.
In considering an application under section 371 of this Act, the Court may take into account any oral or documentary material that the Court considers relevant, whether or not it would be admissible in a Court of law.
(2) (3) On granting an approval under subsection (1) of this section, the Court— 308 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 377 (a) Shall record in writing the reasons for granting the ap­ proval; and (b) May impose such conditions relating to the continued detention of the child or young person in secure care as the Court thinks ﬁt.
Subject to subsection (5) of this section, an approval granted under subsection (1) of this section shall be valid for a period of 14 days commencing on the day on which it is granted, or such shorter period as the Court may specify.
(4) (5) Notwithstanding subsection (4) of this section, where an ap­ plication under section 371 of this Act relates to a child or young person who is remanded, by the High Court or a Dis­ trict Court, in the custody of the chief executive pursuant to subsection (4B) or (5A) of section 142 of the Criminal Justice Act 1985, the Court may grant an approval under subsection (1) of this section for such period (being more than 14 days but not more than 28 days) as the Court shall specify, in any case where the Court is satisﬁed that, because of the length of time for which the child or young person is likely to be detained in the chief executive’s custody, the public interest so requires.
Any approval so granted shall be valid for the speciﬁed period commencing on the day on which it is granted.

Subsection (4) was amended, as from 8 January 1995, by section 42(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by inserting “Subject to subsection (5) of this section,”.

Subsection (5) was inserted, as from 8 January 1995, by section 42(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Subsection (5) was amended, as from 1 October 1999, pursuant to section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsection (5) was amended, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38) by substituting “subsection (4B) or (5A)” for “subsection (4) or subsection (5A)”.

See section 75 of that Act as to the savings provisions.
377 Renewal of approval for continued detention in secure (1) care The Court may from time to time grant a renewal of an ap­ proval granted under section 376(1) of this Act upon applica­ tion made by the chief executive at any time before the ap­ proval (or any current renewal of that approval) has expired.
309 Part 7 s 378 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) (2) A renewal of an approval granted under section 376(1) of this Act may be granted under this section if the Court is satisﬁed that the ground on which the approval was granted still obtains.
The provisions of section 371 and sections 373 to 376 of this Act shall apply with all necessary modiﬁcations with respect to an application for the renewal of an approval granted under section 376 of this Act as if it were an application under section 371 of this Act.
(4) Where an application for the renewal of an approval is duly made before the expiration of the approval (or of any current renewal of the approval), the approval shall, notwithstanding the expiration of the period for which the approval was granted or last renewed, continue in force until— (a) (b) The application is determined; or The expiration of the period of 3 days commencing on the date on which the approval would otherwise have expired pursuant to section 376 of this Act,— (5) whichever ﬁrst occurs.
Subsections (4) and (5) of section 376 of this Act shall apply with all necessary modiﬁcations with respect to the duration of the validity of a renewal granted under subsection (1) of this section as if that renewal were an approval granted under subsection (1) of that section.

Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Subsection (5) was substituted, as from 8 January 1995, by section 43 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
378 Notiﬁcation of decision of Court (1) Where the decision of the Court has been given on any appli­ cation under section 371 or section 377 of this Act, the Regis­ trar of the Court shall forthwith give notice in writing of the Court’s decision to the following persons: (a) The child or young person to whom the application re­ lates: Each parent or guardian of the child or young person: (b) 310 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 380 (c) (d) (e) Any person who had the care of the child or young per­ son immediately before the child or young person was placed in the residence: The chief executive: The manager of the residence in which the child or young person is detained: (f) Any other person speciﬁed by the Court.
Every such notice shall contain, where applicable,— (a) The reasons recorded by the Court for granting the ap­ proval or the renewal of the approval: (2) (b) Any conditions imposed by the Court on the continued detention of the child or young person.

Subsection (1)(d) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
Subsection (1)(e) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “manager” for “Director”.
379 Review of decision to grant or renew approval (1) Where a Court grants an approval under section 376 of this Act, or grants a renewal of an approval under section 377 of this Act, or imposes any condition under either of those sec­ tions relating to the continued detention of a child or young person in secure care, that Court or the High Court may from time to time, on the application of the child or young person to whom the approval or condition relates, or any barrister or solicitor or Youth Advocate representing that child or young person, review that decision.
The fact that an application for a review is lodged or is pending under this section shall not affect any approval to detain the child or young person in secure care, which approval shall, unless it sooner expires, continue pending the review.

(3) On any review under this section the Court may make such (2) order as may be just.
380 Application for review of detention in secure care (1) Where a child or young person is placed in secure care pur­ suant to section 367 of this Act, any of the persons speciﬁed in subsection (2) of this section may, at any time before an ap­ 311 Part 7 s 381 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) plication is made under section 371 of this Act in respect of that child or young person, apply to a Family Court Judge or a Youth Court Judge or, if neither a Family Court Judge nor a Youth Court Judge is available, a District Court Judge for a review of the decision to place that child or young person in secure care.
The following persons may make an application under subsec­ tion (1) of this section: (a) (b) Any parent or guardian of the child or young person: (c) The child or young person who is placed in secure care: Any person who had the care of the child or young per­ son immediately before the child or young person was placed in a residence: (d) Any barrister or solicitor or Youth Advocate represent­ ing the child or young person.
(3) The fact that an application has been made under this section shall not affect any authority to detain the child or young per­ son in secure care.
381 Notice of application for review of detention in secure care Subject to subsection (3) of this section, where any application (1) is made under section 380 of this Act, the person making the application shall give written notice of the application to the manager of the residence in which the child or young person is detained in secure care and to such other persons (if any) as the Court directs.
Every person who is given notice of an application under sec­ tion 380 of this Act shall be entitled to appear and be heard on the hearing of the application.

(2) (3) Notwithstanding anything in subsection (1) of this section, a review of a decision to place a child or young person in secure care may be made upon an ex parte application if the Court is satisﬁed that the delay that would be caused by proceeding on notice would or might entail undue hardship.
Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “manager” for “Director”.
312 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 383A 382 Disposal of application for review of detention in secure care (1) On an application under section 380 of this Act in respect of the detention of a child or young person in secure care, the Court may— (a) Order that the child or young person be released from secure care; or Refuse the application; or Refuse the application and impose such conditions re­ lating to the detention of the child or young person in secure care as the Court thinks ﬁt.
(b) (c) (2) In considering an application under section 380 of this Act, the Court may take into account any oral or documentary material that the Court considers relevant, whether or not it would be admissible in a Court of law.
383 Review of refusal of application (1) Where a Court refuses an application under section 380 of this Act, or refuses an application under that section and imposes any condition pursuant to section 382(1)(c) of this Act, the applicant or any other person who would have been entitled, pursuant to section 380(2) of this Act, to make that application may apply to the High Court to review that decision.

(2) On any review under this section the High Court may make such order as may be just.
383A Lapse of authority for detention in secure care Any authority conferred by or under any of sections 367 to 383 of this Act for the detention of a child or young person in secure care in a residence shall, unless it sooner expires, continue only for so long as the authority to detain that child or young person in that residence continues.

Section 383A was inserted, as from 8 January 1995, by section 44 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
313 Part 7 s 384 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Discipline 384 Discipline of children and young persons in residences The chief executive may, in relation to any child or young person placed in a residence established under section 364 of this Act, use such means to discipline the child or young person as are both— (a) (b) Within the limits permitted by regulations made under Reasonable; and this Act.
Compare: 1974 No 72 s 49AA(b); 1983 No 129 s 13 Section 384 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Searches The above heading “Searches”, was inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3).
384A Interpretation For the purposes of sections 384B to 384K,— harmful item means any article, drug, or substance that a member of staff has reasonable cause to believe is likely, while a child or young person is in a residence, to harm or to be used to harm that child or young person or any other person mail includes— (a) (b) (c) manager means the person for the time being in charge of a residence member of staff means every person employed as a member of staff of a residence; and includes the manager of the resi­ dence a facsimile communication: electronic mail: an envelope or package 314 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 384A (b) (c) pat down search means a search of a clothed child or young person in a residence in which the person conducting the search may do the following (a) run or pat his or her hand over the body of the person being searched, whether inside or outside the clothing (other than any underclothing) of that person: insert his or her hand inside any pocket or pouch in the clothing (other than the underclothing) of the person being searched: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the follow­ ing: (i) (ii) (iii) (iv) (v) open his or her mouth: display the palms of his or her hands: display the soles of his or her feet: lift or rub his or her hair: remove, raise, lower, or open any outer clothing (including, without limitation, any coat, jacket, jumper, or cardigan) worn by the person being searched, except where the person has no other clothing, or only underclothing, under that outer clothing: turn out any pocket or pouch, and display any hem, cuff, lining, or fold, in any outer clothing worn by that person: remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person: (vi) (vii) (d) conduct a visual examination (whether assisted by any instrument or device designed to illuminate or magnify) of the person’s mouth, nose, and ears
 (not including the insertion of any instrument, device, or thing into such oriﬁce) regulations means regulations made under section 447 relat­ ing to search and seizure residence means a residence established under section 364 scanner search means a search of a child or young person by means of an electronic device passed over the clothed body of the person being searched and that does not include any 315 Part 7 s 384B Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 touching (except any accidental touching) of the person being searched strip search means a search where the person conducting the search may require the child or young person being searched— to undress, or to remove any speciﬁed items of clothing (a) and underclothing, and be visually examined; and to have his or her clothing searched (b) unauthorised item means any article, drug, or substance— (a) (b) that is a harmful item; or that may not be lawfully possessed by any child or young person in the residence.
Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Fami­ lies Amendment Act 2001 (2001 No 3).

See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).
384B Inspection of mail (c) The manager may cause to be inspected, in accordance with the regulations, any mail intended to be sent or received by a child or young person in the residence if the manager believes, on reasonable grounds, that the mail contains— (a) (b) any unauthorised item; or any harmful item or any article, drug, or substance that may not lawfully be possessed by the person for whom the mail was intended; or any material that would or might facilitate or encourage the commission of an offence by the person for whom the mail was intended; or any material that would be likely to be offensive or harmful to the person for whom the mail was intended.
Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Fami­ lies Amendment Act 2001 (2001 No 3).

See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).
(d) 316 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 384D 384C Child or young person may be searched to detect unauthorised items (1) A member of staff, who believes on reasonable grounds that a child or young person in the residence has in his or her posses­ sion any unauthorised item, may carry out any of the following types of searches for the purpose of detecting that item: (a) (b) (c) a scanner search of the child or young person: a pat down search of the child or young person: a search of any room or sleeping area assigned to the child or young person.
(2) Nothing in subsection (1)(c) limits or affects any power or authority to search or inspect any room or sleeping area in the residence for security purposes.

(3) A member of staff may not carry out a search unless— (a) (b) that member of staff requests that the child or young person hand over the unauthorised item that he or she believes on reasonable grounds to be in the child’s or young person’s possession; and the child or young person refuses or fails to hand the item over.
(4) Nothing in subsection (3) requires that a member of staff make a request if the same request has been made to the child or young person within the previous hour.

Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Fami­ lies Amendment Act 2001 (2001 No 3).
See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).

384D Use of dogs for searching (1) In exercising a power of search conferred by sections 384B and 384C, a member of staff may have with him or her, and use for the purposes of searching, any dog trained for that purpose.
(2) A dog must not be used unless it is under the control of another person (being a member of the police, or a customs ofﬁcer, or a member of the Armed Forces, or an employee of the De­ partment of Corrections), who may accompany the member of staff for the purposes of the search.
317 Part 7 s 384E Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (3) A member of staff who uses a dog for the purposes of search­ ing any child or young person must conduct the search with decency and sensitivity and in a manner that— (a) affords to the child or young person being searched the greatest degree of dignity consistent with the purpose of the search; and prevents the dog coming into physical contact with the child or young person during the search.
(b) Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Fami­ lies Amendment Act 2001 (2001 No 3).

See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).
384E Child or young person may be strip searched (1) A member of staff may, if that member of staff believes on reasonable grounds that a child or young person has in his or her possession a harmful item, conduct a strip search of that child or young person for the purposes of detecting the harmful item— (a) if that member believes on reasonable grounds that a strip search is necessary in order to detect the item; and if a scanner search or a pat down search of the child or young person has already been carried out for that purpose.
(b) (2) A child or young person required to undress or remove any clothing and underclothing under subsection (1) may be re­ quired to remain undressed or partly undressed only as long as is reasonably necessary for the purposes of the search.

Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Fami­ lies Amendment Act 2001 (2001 No 3).
See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).
384F Explanation of purpose and consequences of inspections and searches Before any mail is inspected under section 384B or a search is carried out under section 384C or section 384E, the member of (1) 318 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 384G staff who is to conduct the inspection or search must explain to the child or young person— (a) that the purpose of the inspection or search is,— (i) (ii) (iii) in the case of an inspection, to detect any item of the kinds referred to in section 384B; or in the case of a search carried out under section 384C, to ensure the safety of the child or young person by detecting any harmful item, or to detect any article, drug, or substance that may not be lawfully possessed by the child or young person in the residence; or in the case of a search carried out under section 384E, to ensure the safety of the child or young person and the safety of others by detecting any harmful item; and (b) (c) that any item seized during the inspection or search will, after consultation with the child or young person, be dealt with in the ways provided for by the regulations; and that any item seized during the inspection or search and subsequently handed to a member of the police in ac­ cordance with the regulations may be used as evidence in criminal proceedings against the child or young per­ son.
The explanation required by subsection (1) need not be given if the member of staff has reasonable grounds for believing that the situation involves a serious and immediate risk to the safety of the child or young person or of any other person.

Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Fami­ lies Amendment Act 2001 (2001 No 3).
See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).

(2) 384G Restrictions on searches (1) A member of staff must consult with the manager or a senior member of staff before carrying out a search under section 384C or section 384E unless consultation would, in the cir­ cumstances, be impracticable.
319 Part 7 s 384H Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) A pat down search or a strip search of a child or young person must be carried out by a member of staff who is of the same sex as the child or young person being searched.
(3) A pat down search or a strip search must not be carried out in view of— (a) a person who is not of the same sex as the child or young person, unless the person is a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person: another child or young person in the residence.
(b) (4) A pat down search or a strip search must not be conducted unless 1 of the following persons is also present: (a) (b) (c) another member of staff: a member of the police: a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person.
(5) A person who conducts a pat down search or a strip search must conduct the search with decency and sensitivity and in a manner that affords the child or young person being searched the greatest degree of privacy and dignity consistent with the purpose of the search.

Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Fami­ lies Amendment Act 2001 (2001 No 3).
See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).
384H Use of force in carrying out search (1) A member of staff may not use physical force in carrying out a search authorised by section 384C or section 384E unless that member of staff has reasonable grounds for believing that the use of force is reasonably necessary to avoid or mitigate a serious and immediate risk to the safety of the child or young person or of any other person.
(2) A member of staff who uses force for the purpose referred to in subsection (1) must use no more than the minimum amount of force that is reasonably necessary in the circumstances.

320 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 384K Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Fami­ lies Amendment Act 2001 (2001 No 3).
See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).
384I Recording of inspections and searches The manager must ensure that a record is made in the daily log kept in accordance with the regulations of— (a) the details of any inspection or search carried out under any of sections 384B, 384C, and 384E, including the grounds on which the inspection or search was carried out; and in the case of a search carried out under section 384C or section 384E, the details of any physical force used for the purpose of carrying out the search, and of the cir­ cumstances giving rise to the use of force.
(b) Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Fami­ lies Amendment Act 2001 (2001 No 3).

See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).
384J Child or young person may make complaint A child or young person who has had his or her mail inspected under section 384B or has been searched under section 384C or section 384E may make a complaint about that inspection or search in accordance with the regulations.

Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Fami­ lies Amendment Act 2001 (2001 No 3).
See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).

384K Power to seize articles, etc, found on inspection or search (1) Any unauthorised item found during any inspection or search may be seized in accordance with the regulations by the mem­ ber of staff referred to in subsection (2).
321 Part 7 s 385 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) The member of staff of the residence referred to in subsection (1) is,— (a) in the case of an inspection carried out under section 384B, the member of staff conducting the inspection; or in the case of a search carried out under section 384C, the member of staff who is conducting the search; or in the case of a search carried out under section 384E, the member of staff who is conducting the search.
(b) (c) (3) Any unauthorised item seized must be dealt with in accordance (4) with the regulations.

The manager must ensure that a record is made in the daily log kept in accordance with the regulations of the details of the seizure of any unauthorised item and of the action taken in respect of it.

Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Fami­ lies Amendment Act 2001 (2001 No 3).
See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).
Absconding by children and young persons 385 Children and young persons who abscond (1) This section applies to any child or young person who— (a) (b) (c) Leaves or is taken without authority from a residence: Refuses or neglects to return to a residence: Leaves or is taken without authority from the care of any person or organisation in whose charge that child or young person was placed pursuant to section 362 of this Act: Refuses or neglects to return to the care of any such person or organisation.
(d) (2) Any child or young person to whom this section applies may be detained without warrant by any member of the Police or a Social Worker and returned to any residence or to the care of any person or organisation, as the case may be, or otherwise dealt with in accordance with this Act.
322 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 386 (3) A child or young person to whom this section applies, unless that child or young person was being detained pursuant to sec­ tion 238(1)(d) or (e) of this Act or section 142A of the Criminal Justice Act 1985, does not, by reason only of an act or omis­ sion referred to in subsection (1) of this section, commit an offence against section 120 of the Crimes Act 1961.
For the purpose of detaining without warrant any child or young person who leaves or is taken without authority from a residence under this Act, every member of the staff of any such residence shall, if it is administered by the Crown, have the powers conferred on a Social Worker by subsection (2) of this section.
Compare: 1974 No 72 s 104; 1977 No 126 s 18(2) (4) 386 Search warrants (1) Any Judge or Justice or Community Magistrate or any Regis­ trar (not being a member of the Police) who, on application in writing made on oath by any member of the Police or a Social Worker, is satisﬁed that there are reasonable grounds for sus­ pecting that a child or young person to whom section 385 of this Act applies is for the time being at any known premises or place, may issue a warrant authorising any member of the Police or Social Worker to— (a) Enter and search, by force if necessary, any such premises or place speciﬁed in the warrant; and Remove the child or young person, using such force as may reasonably be necessary; and Either— (i) (b) (c) In the case of a child or young person who has absconded or is absent from a residence, return that child or young person to the residence from which that child or young person absconded or from which that child or young person is absent or place that child or young person in any other residence under this Act; or In the case of a child or young person who has absconded or is absent from the care of any per­ son or organisation in whose charge that child or young person was placed pursuant to section (ii) 323 Part 7 s 387 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 362 of this Act, return that child or young person to the care of that person or organisation.
(2) Compare: 1974 No 72 s 104A; 1982 No 135 s 17 Subsection (1) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting “or Community Magistrate”.

Subsection (2) was repealed, as from 2 September 1996, by section 2(2) Chil­ dren, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).
Financial matters 387 Chief executive empowered to make payments for beneﬁt of children and young persons The chief executive may, from time to time, make such pay­ ments as may be necessary to meet the reasonable needs of any child or young person to whom this section applies.

Section 387 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
388 Financial and other assistance in respect of children and (b) young persons subject to orders made under this Act The chief executive may, from time to time, make grants or provide ﬁnancial or other assistance— (a) To any organisation or person referred to in any order made under section 86 or section 91 or section 283(k) or section 298 or section 307 of this Act for the purpose of assisting that organisation or person to carry out the terms of the order: To any parent or guardian or other person having the care of the child or young person to whom the order re­ lates for the purpose of assisting that parent or guardian or other person to care for the child or young person: (c) To any young person to whom the order relates.
The chief executive may, from time to time, make grants or provide ﬁnancial or other assistance to any person or organ­ isation having the care of a child or young person pursuant to any order under this Act relating to the custody or guardian­ ship of the child or young person.
(1) (2) 324 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 390 Subsections (1) and (2) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Subsection (1)(a) was amended, as from 1 November 1989, by section 4 Chil­ dren, Young Persons, and Their Families Amendment Act 1989 (1989 No 70) by inserting “or section 91 or section 238(k) or section 298 or section 307”.
389 Financial and other assistance in other cases The chief executive may, from time to time, make grants or provide ﬁnancial assistance to any person for the purpose of assisting that person to care for any child or young person— (a) Who has ceased to be subject to— (i) An agreement made under section 139 or section 140 or section 141 or section 142 of this Act; or (ii) An order made under section 78 or section 86 or section 91 or section 101 or section 110 or section 283(n) of this Act; and (b) Who, in the circumstances of the particular case, is in need of special assistance.
Section 389 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
390 Power to control ﬁnances of young persons under (1) guardianship or in custody Every person (being the chief executive or an Iwi Social Ser­ vice or a Cultural Social Service or the Director of a Child and Family Support Service) shall have such authority and powers as may be necessary to exercise control over the earnings and other income of any young person (being a young person to whom this section applies) who is in the care or custody, or under the guardianship, of that person, and may for that pur­ pose— (a) Open an account in the name of that young person in any bank: Pay or arrange for the payment or crediting of the whole or any part of the earnings or other income of that young person into that account.
(b) (2) Any account opened under subsection (1) of this section shall be operated either— 325 Part 7 s 391 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (a) (b) By the young person; or If the chief executive or, as the case requires, the Iwi Social Service or the Cultural Social Service or the Dir­ ector of the Child and Family Support Service so di­ rects, by the young person jointly with a person nomin­ ated by the chief executive or, as the case requires, that Social Service or that Director.
(3) All money standing to the credit of a young person in any such account shall be paid to the young person when the young per­ son is discharged from the care, custody, or guardianship of the chief executive or, as the case requires, of the Iwi Social Ser­ vice or the Cultural Social Service or the Director of a Child and Family Support Service, and may be paid at any time be­ fore the young person is so discharged if the chief executive or, as the case requires, that Social Service or that Director thinks ﬁt.
Compare: 1974 No 72 s 50 Subsection (1) was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Author­ ity of a Cultural Authority”.

Subsection (2)(b) was substituted, as from 8 January 1995, by section 46 Chil­ dren, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Subsection (3) was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or the Cultural Social Service” for “Iwi Au­ thority or the Cultural Authority”, and by substituting “that Social Service” for “that Authority” Subsections (1) to (3) were amended, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82) by sub­ stituting “chief executive” for “Director­General”.
391 Imposition of charge to meet expenses of providing care for children and young persons (1) Where any child or young person to whom this section applies receives earnings or income, the chief executive or, as the case requires, an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service may impose a charge to meet the expenses of providing for the care of that child or young person.
326 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 394 (2) No charge imposed under subsection (1) of this section shall exceed 25 percent of the net earnings and other income of the child or young person.

Section 391 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Subsection (1) was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Author­ ity or a Cultural Authority”.
392 Manager may be appointed under Protection of Personal and Property Rights Act 1988 to manage property of children and young persons subject to guardianship or custody order (1) A Family Court shall have jurisdiction under Part 3 of the Protection of Personal and Property Rights Act 1988 to ap­ point a manager in respect of the property, or any speciﬁed part of the property, of any child or young person to whom this section applies, and the provisions of that Act shall apply accordingly.
For the purposes of section 25 of the Protection of Personal and Property Rights Act 1988, a child or young person to whom this section applies shall be deemed to lack the competence to manage his or her own affairs in relation to his or her property.

Compare: 1974 No 72 s 52 (2) Maintenance 393 Recovery of cost of maintenance of children and young persons in care [Repealed] Section 393 was repealed, as from 1 July 1992, by section 244 Child Support Act 1991 (1991 No 142).
Limitation on tortious liability 394 Limitation on tortious liability of chief executive and (1) other persons having care of child or young person Subject to subsections (2) and (3) of this section, no liability in tort shall attach to— 327 Part 7 s 394 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (a) The chief executive, or any employee of the Depart­ ment; or (b) Any Iwi Social Service or Cultural Social Service or Child and Family Support Service, or any member or employee of any such Social Service or Support Ser­ vice; or Any person or organisation in whose charge a child or young person is placed pursuant to section 362 of this Act, or any member or employee of any such person or organisation,— (c) in respect of an act or omission on the part of a child or young person to whom this section applies.
(2) Nothing in subsection (1) of this section applies if the act or omission— (a) Occurs while the child or young person is acting as the employee or agent of any person, organisation, Social Service, or Support Service referred to in any of para­ graphs (a) to (c) of subsection (1) of this section, or of any member or employee of any such person, organisa­ tion, Social Service, or Support Service; and Is within the scope of the child’s or young person’s em­ ployment or authority as such.
(b) (3) Nothing in subsection (1) of this section exempts any person or organisation referred to in paragraph (c) of that subsection from any liability in tort for any loss resulting from the use, care, or control of a motor vehicle, if that motor vehicle is in the possession or under the control of a child or young person with the authority of that person or organisation.

In subsection (3) of this section, the term motor vehicle has the same meaning as in the Land Transport Act 1998.
Compare: 1974 No 72 s 51 (4) Section 394 was substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Subsection (1)(a) was amended, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82) by substitut­ ing “chief executive” for “Director­General”.
Subsection (4) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “the Land Transport Act 1998” for “the Transport Act 1962”.
328 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 7 s 395 Reporting of deaths 395 Police to be notiﬁed of deaths Where a child or young person to whom this section applies dies, the following provisions shall apply: (a) Where the child or young person was, at the time of his or her death, in the care or custody or under the guardianship of an Iwi Social Service or a Cultural So­ cial Service or the Director of a Child and Family Sup­ port Service, that Social Service or, as the case requires, that Director shall give notice of the death— (i) Forthwith on learning of it, to a member of the Police: (ii) Within 24 hours of learning of it, to the principal manager of the Department for the area in which the child or young person was residing at the time of his or her death: (b) Where the child or young person was, at the time of his or her death, in the charge of any person or organisa­ tion pursuant to section 362 of this Act, that person or organisation shall give notice of the death— (i) Forthwith on learning of it, to a member of the Police: (ii) Within 24 hours of learning of it, to the principal manager of the Department for the area in which the child or young person was residing at the time of his or her death: (c) Where the child or young person was, at the time of his or her death, residing in a residence established under section 364 of this Act, the person in charge of that resi­ dence shall, on learning of that death, forthwith notify a member of the Police.
Compare: 1974 No 72 ss 69A, 82; 1988 No 111 s 46 Paragraph (a) was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Author­ ity or a Cultural Authority”.

Paragraph (a) was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “that Social Service” for “that Authority”.
Paragraphs (a)(ii) and (b)(ii) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by 329 Part 8 s 396 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 substituting “principal manager of the Department for the area” for “Director of Social Welfare for the District”.
Part 8 Provisions relating to Iwi Social Services, Cultural Social Services, Child and Family Support Services, and Community Services The heading to Part 8 was substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) for a previous heading “Provisions Relating to Iwi Authorities, Cul­ tural Authorities, Child and Family Support Services, and Community Ser­ vices”.
Iwi Social Services, Cultural Social Services, and Child and Family Support Services Section 396 and the preceding heading “Iwi Authorities, Cultural Authorities, and Child and Family Support Services” were substituted, as from 8 January 1995, by section 45(1) Children, Young Persons, and Their Families Amend­ ment Act 1994 (1994 No 121).
396 Approval of Iwi Social Services, Cultural Social Services, and Child and Family Support Services The chief executive may, from time to time, on application made to the chief executive, approve any incorporated body (being a body established by an iwi) as an Iwi Social Service for the purposes of this Act.
The chief executive may, from time to time, on application made to the chief executive, approve any incorporated body (being a body established by one or more cultural groups (not being iwi) within New Zealand) as a Cultural Social Service for the purposes of this Act.
The chief executive may, from time to time, on application made to the chief executive, approve any organisation or body (including a children’s home), whether incorporated or unin­ corporated, as a Child and Family Support Service for the pur­ poses of this Act.

The chief executive may grant an approval under this section subject to such conditions as the chief executive thinks ﬁt.
(1) (2) (3) (4) 330 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 8 s 398 Section 396 and the preceding heading “Iwi Authorities, Cultural Authorities, and Child and Family Support Services” were substituted, as from 8 January 1995, by section 45(1) Children, Young Persons, and Their Families Amend­ ment Act 1994 (1994 No 121).

See section 45(2) of that Act relating to ap­ provals granted under the former section 396.
Section 396 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
397 Restrictions on granting of approval The chief executive shall not approve any body or organisation as an Iwi Social Service or a Cultural Social Service or a Child and Family Support Service unless the chief executive, after making such enquiries as may be appropriate, is satisﬁed that the body or organisation is— (a) Suitable to act as the custodian or guardian of children and young persons; and Capable of exercising or performing the powers, duties, and functions conferred or imposed by or under this Act on an Iwi Social Service or, as the case requires, a Cultural Social Service or a Child and Family Support Service.
(b) Section 397 was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or a Cultural Social Service” for “Iwi Author­ ity or a Cultural Authority”.

Section 397 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Paragraph (b) was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “Iwi Social Service or, as the case requires, a Cultural Social Ser­ vice” for “Iwi Authority or, as the case requires, a Cultural Authority”.
398 Chief executive not to decline application without giving applicant opportunity to make submissions The chief executive shall not decline an application for an ap­ proval under section 396 of this Act without giving the appli­ cant— (a) A copy of any information on which the chief executive relies in proposing to decline the application; and 331 Part 8 s 399 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (b) A reasonable opportunity to make written submissions to the chief executive in relation to that information.
Section 398 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
399 Revocation of approval (1) Subject to this section, where the chief executive is satisﬁed, in relation to any Iwi Social Service or Cultural Social Service or Child and Family Support Service, that proper standards of care are not being provided for the children and young persons who are in the custody or under the guardianship of that Social Service or Support Service, the chief executive may exercise either or both of the following powers: (a) If the chief executive considers that suspension of the approval of the Iwi Social Service or Cultural Social Service or Child and Family Support Service is desir­ able in the public interest, the chief executive may sus­ pend the approval of that Social Service or Support Ser­ vice: (b) After giving the Social Service or Support Service not less than 60 days’ notice of the date on which the chief executive will consider the matter, the chief executive may revoke the approval of that Social Service or Sup­ port Service.
(2) Where, under subsection (1) of this section, the chief executive revokes or suspends the approval of an Iwi Social Service or a Cultural Social Service or a Child and Family Support Service, the chief executive shall— (a) Give notice of the suspension or revocation to the Iwi Social Service or Cultural Social Service or Child and Family Support Service and the reasons for it; and (b) Give notice of the suspension or revocation in the Gazette.
Every Iwi Social Service or Cultural Social Service or Child and Family Support Service to whom a notice is given under subsection (1)(b) of this section is entitled to make submis­ sions to the chief executive, and the chief executive shall have (3) 332 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 8 s 401 regard to those submissions before deciding whether or not to revoke the approval of that Social Service or Support Service.
Sections 399 to 402 were substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 399 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
400 Assessment of Iwi Social Services, etc (1) Any Social Worker or other ofﬁcer of the Department author­ ised by the chief executive may, from time to time, carry out an assessment of an Iwi Social Service or a Cultural Social Service or a Child and Family Support Service for the purpose of assessing— (a) (b) The operation of that Social Service or Support Service: The standards of care being provided for the children and young persons who are in the care or custody or under the guardianship of that Social Service or Support Service: The practices and procedures applying in respect of the Social Service or Support Service.
(c) (2) Every Social Worker or ofﬁcer of the Department who carries out an assessment of an Iwi Social Service or a Cultural Social Service or a Child and Family Support Service under subsec­ tion (1) of this section shall prepare a report on that assessment for the chief executive, and a copy of that report shall be sup­ plied by the chief executive to that Social Service or Support Service.
Sections 399 to 402 were substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 400 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
401 Powers of persons carrying out assessment of Iwi Social (1) Service, etc For the purpose of carrying out an assessment of an Iwi So­ cial Service or a Cultural Social Service or a Child and Family Support Service under section 400 of this Act, a Social Worker 333 Part 8 s 401 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 or other ofﬁcer of the Department authorised by the chief ex­ ecutive may— (a) At any reasonable time enter any premises that are oc­ cupied by the Social Service or Support Service and that provide residential accommodation for children or young persons who are in the care or custody or under the guardianship of the Social Service or Support Ser­ vice and inspect any part of those premises: Interview— (i) The Convener of the Social Service or, as the case requires, the Director of the Support Service: (ii) Any ofﬁcer or employee of the Social Service or Support Service: Communicate with any person having the care of any child or young person who is in the care or custody or under the guardianship of that Social Service or Support Service and with that child or young person: Examine any documents or records that are held by that Social Service or Support Service and that relate to any child or young person who is in the care or custody or under the guardianship of the Social Service or Support Service.
(b) (c) (d) (2) (3) Every Social Worker or ofﬁcer shall give reasonable notice of that person’s intention to enter any premises pursuant to sub­ section (1)(a) of this section to the Social Service or Support Service concerned.

Every Social Worker or ofﬁcer shall, on entering any premises under this section, and when requested at any subsequent time, produce— (a) that person’s authority to enter the Evidence of premises; and Evidence of that person’s identity.
(b) (4) Any Social Worker or ofﬁcer who is carrying out an assess­ ment under section 400 of this Act may at any time be accom­ panied by such other person or persons (including a medical practitioner) as may be necessary to carry out the assessment.

Sections 399 to 402 were substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
334 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 8 s 403 Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsection (4) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting “registered”.
See sections 178 to 227 of that Act as to the transitional provisions.
402 Convener of Iwi Social Service or Cultural Social Service to have power of decision for purposes of this Act Where, pursuant to any provision of this Act, a child or young person is placed in the care or custody or under the guardian­ ship of an Iwi Social Service or a Cultural Social Service, the Convener of that Social Service shall have and may exercise or carry out, on behalf of the Social Service, all rights, powers, and duties in respect of the child or young person that are con­ ferred or imposed on the Social Service by virtue of this Act.
Sections 399 to 402 were substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Community services 403 Approval of Community Services (1) The chief executive may, from time to time, on application by any person, body, or organisation whether incorporated or unincorporated, approve any service as a Community Service for the purposes of this Act, either generally or subject to such limitations as the chief executive may specify.
The chief executive may grant an approval under this section subject to such conditions as the chief executive thinks ﬁt.

The chief executive shall not approve any service to be a Com­ munity Service unless the chief executive is satisﬁed that the service will provide services designed to further all or any of the objects of this Act (as set out in section 4 of this Act).
Section 403 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
(2) (3) 335 Part 8 s 404 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 404 Chief executive not to decline application without giving applicant opportunity to make submissions The chief executive shall not decline an application for an ap­ proval under section 403 of this Act without giving the appli­ cant— (a) A copy of any information on which the chief executive relies in proposing to decline the application; and (b) A reasonable opportunity to make written submissions to the chief executive in relation to that information.
Section 404 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
405 Revocation of approval (1) Subject to this section, where the chief executive is satisﬁed, in relation to any Community Service, that the Service is no longer providing services designed to further the objects of this Act, or is not providing services of an adequate standard, the chief executive may exercise either or both of the following powers: (a) If the chief executive considers that suspension of the approval of the Community Service is desirable in the public interest, the chief executive may suspend the ap­ proval of the Service: (b) After giving the Service not less than 60 days’ notice of the date on which the chief executive will consider the matter, the chief executive may revoke the approval of the Service.
(2) Where the chief executive revokes or suspends the approval of a Community Service under subsection (1) of this section, the chief executive shall— (a) Give notice of the suspension or revocation to the Com­ munity Service and the reasons for it; and (b) Give notice of the suspension or revocation in the Gazette.
Every Community Service to whom a notice is given under subsection (1)(b) of this section is entitled to make submis­ sions to the chief executive, and the chief executive shall have (3) 336 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 8 s 408 regard to those submissions before deciding whether or not to revoke the approval of the Service.
Section 405 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

406 Financial assistance to Community Services (1) Subject to any general directions given from time to time by the Minister, the chief executive may, from time to time, make grants or provide ﬁnancial assistance to any Community Ser­ vice.
(2) Any grants made, or ﬁnancial assistance provided, under sub­ section (1) of this section may be made or provided on such conditions, including conditions as to repayment and the giv­ ing of security to secure repayment, as the chief executive thinks ﬁt.

Section 406 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
407 Chief executive may contract with Community Services for provision of services The chief executive may from time to time, on behalf of the Crown, enter into a contract with any Community Service for the provision, by that Community Service, of such services as the chief executive considers necessary or desirable for the purposes of enabling the chief executive to carry out any func­ tion imposed on the chief executive by or under this Act.
Section 407 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
408 Assessment of Community Services (1) Any Social Worker or other ofﬁcer of the Department author­ ised by the chief executive may, from time to time, carry out an assessment of a Community Service for the purpose of as­ sessing— (a) (b) The operation of that Community Service: The standard of the services being provided by that Ser­ vice: 337 Part 8 s 409 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (2) (c) The practices and procedures applying in respect of the Service.
Every Social Worker or ofﬁcer of the Department who carries out an assessment of a Community Service under subsection (1) of this section shall prepare a report on that assessment for the chief executive, and a copy of that report shall be supplied by the chief executive to that Service.

Section 408 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
409 Powers of person carrying out assessment of Community (1) (2) (3) Service For the purpose of carrying out an assessment of a Community Service under section 408 of this Act, a Social Worker or other ofﬁcer of the Department authorised by the chief executive may— (a) At any reasonable time enter any premises that are oc­ cupied by the Service and inspect any part of those premises: Interview any ofﬁcer or employee of the Service: Communicate with any person to whom the Service is providing, or has provided, any service: Examine any documents or records that are held by the Service and that relate to the provision by that Service of any service to which the approval granted under section 403 of this Act relates.
(b) (c) (d) Every Social Worker or ofﬁcer shall give reasonable notice of that person’s intention to enter any premises pursuant to subsection (1)(a) of this section to the Service concerned.

Every Social Worker or ofﬁcer shall, on entering any premises under this section, and when requested at any subsequent time, produce— (a) that person’s authority to enter the Evidence of premises; and Evidence of that person’s identity.
(b) (4) Any Social Worker or ofﬁcer who is carrying out an assess­ ment under section 408 of this Act may at any time be accom­ 338 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 9 s 412 panied by such other person or persons (including a medical practitioner) as may be necessary to carry out the assessment.
Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

Subsection (4) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting “registered”.

See sections 178 to 227 of that Act as to the transitional provisions.
Part 9 Commissioner for Children [Repealed] Part 9 (comprising sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).

Appointment and functions [Repealed] 410 Commissioner for Children [Repealed] Subsection (2) was inserted, as from 21 December 1992, by section 42 Public Finance Amendment Act 1992 (1992 No 142).
Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).

411 Functions of Commissioner [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).

Proceedings of Commissioner [Repealed] 412 Powers of Commissioner [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).
339 Part 9 s 413 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 413 Commissioner may regulate own procedure [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).

414 Commissioner not to make adverse comment unless opportunity to be heard given [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).
415 Annual report [Repealed] Section 415 was substituted, as from 21 December 1992, by section 42 Public Finance Amendment Act 1992 (1992 No 142).

Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).

Conditions of employment [Repealed] 416 Appointment of Commissioner [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).
417 Term of ofﬁce and conditions of employment of Commissioner [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).

418 Removal from ofﬁce [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).
419 Superannuation or retiring allowances [Repealed] The National Provident Fund Act 1950, referred to in subsection (1), was re­ pealed, as from 1 April 1991, by section 81(1) National Provident Fund Restruc­ 340 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 10 s 423 turing Act 1990 (1990 No 126).

See Part 4 of that Act for provisions relating to existing schemes.
Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).

Miscellaneous provisions [Repealed] 420 Proceedings privileged [Repealed] Subsection (4) was substituted, as from 1 February 1993, by section 56(1) Defamation Act 1992 (1992 No 105).

Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).
421 Commissioner deemed to be ofﬁcial [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).

422 Money to be appropriated by Parliament for purposes of this Part of this Act [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children’s Commissioner Act 2003 (2003 No 121).
Part 10 Miscellaneous provisions Care and Protection Co­ordinators and Youth Justice Co­ordinators 423 Appointment of Care and Protection Co­ordinators (1) The chief executive shall, from time to time, for the purposes of this Act, appoint under the State Sector Act 1988 a sufﬁcient number of Care and Protection Co­ordinators.
(2) A person shall not be appointed to be a Care and Protection Co­ordinator unless that person is, by reason of his or her per­ sonality, training, and experience, suitably qualiﬁed to exer­ cise or perform the functions, duties, and powers conferred or imposed on a Care and Protection Co­ordinator by or under this Act.
341 Part 10 s 424 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
424 Duties of Care and Protection Co­ordinator The duties of a Care and Protection Co­ordinator are as fol­ lows: (a) To receive reports and referrals in accordance with Part 2 of this Act: To convene family group conferences in accordance with Part 2 of this Act, and, where necessary, to con­ vene further meetings of any such conference: To consult with any Care and Protection Resource Panel as appropriate: To consult, as appropriate, with persons having know­ ledge of or experience in cultural matters: To record the details of any decision, recommendation, or plan made or formulated by a family group confer­ ence pursuant to Part 2 of this Act: To ensure that any decision, recommendation, or plan made or formulated by a family group conference pur­ suant to Part 2 of this Act is reviewed regularly: To notify the results of a family group conference in accordance with section 32 of this Act: To perform such other duties as may be prescribed by or under this Act or any other Act.
(b) (c) (d) (e) (f) (g) (h) 425 Appointment of Youth Justice Co­ordinators (1) The chief executive shall, from time to time, for the purposes of this Act, appoint under the State Sector Act 1988 a sufﬁcient number of Youth Justice Co­ordinators.
(2) A person shall not be appointed to be a Youth Justice Co­ordin­ ator unless that person is, by reason of his or her personality, training, and experience, suitably qualiﬁed to exercise or per­ form the functions, duties, and powers conferred or imposed on a Youth Justice Co­ordinator by or under this Act.

Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
342 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 10 s 427 426 Duties of Youth Justice Co­ordinator The duties of a Youth Justice Co­ordinator are as follows: (a) To receive reports in accordance with section 18(3) of this Act: (c) (b) Where a child or young person is alleged to have com­ mitted an offence, to explore with the relevant enforce­ ment agency the possibility of dealing with the matter by means other than the institution of criminal proceed­ ings: To convene family group conferences in accordance with Part 4 of this Act, and, where necessary, to con­ vene further meetings of any such conference: To record the details of any decision, recommendation, or plan made or formulated by a family group confer­ ence pursuant to Part 4 of this Act: To notify the results of a family group conference in accordance with section 265 of this Act: To perform such other duties as may be prescribed by or under this Act or any other Act.
(d) (e) (f) 427 Delegation of functions of Care and Protection Co­ordinator or Youth Justice Co­ordinator to Social Worker (1) A Care and Protection Co­ordinator or a Youth Justice Co­or­ dinator may, from time to time, delegate to any Social Worker (being a Social Worker who is, in the opinion of that Co­or­ dinator, suitable by reason of his or her training or experience to carry out that function or power) any function or power of that Co­ordinator under this Act.
Every delegation under subsection (1) of this section— (a) (b) May be given on such terms and conditions as the Shall be in writing: (2) (c) Co­ordinator thinks ﬁt: Shall be revocable in writing at will by the Co­ordinator or the chief executive.
(3) Subject to any terms or conditions imposed by the Co­ordin­ ator, a Social Worker to whom any functions or powers are delegated under subsection (1) of this section may exercise 343 Part 10 s 428 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (4) those functions or powers as if they had been conferred on that person directly by this Act and not by delegation.
Every person purporting to act pursuant to any delegation under subsection (1) of this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(5) No delegation under subsection (1) of this section shall af­ fect or prevent the exercise of any function or power by the Care and Protection Co­ordinator or Youth Justice Co­ordin­ ator who made the delegation.
(6) Any delegation under subsection (1) of this section, until it is revoked by the chief executive, shall continue in force accord­ ing to its tenor, notwithstanding that the Care and Protection Co­ordinator or Youth Justice Co­ordinator by whom the dele­ gation was made may have ceased to hold ofﬁce.

Subsections (2)(c) and (6) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
Care and Protection Resource Panels 428 Care and Protection Resource Panels (1) The chief executive shall establish advisory committees, to be known as Care and Protection Resource Panels, which shall have the functions speciﬁed in section 429 of this Act and such other functions as the chief executive thinks ﬁt.

Every Care and Protection Resource Panel shall consist of such number of members as the chief executive thinks ﬁt, which members shall be appointed by the chief executive.
In making appointments to a Care and Protection Resource Panel the chief executive shall have regard to the desirability of having as members of such Panels persons from occupa­ tions and organisations (including voluntary and statutory or­ ganisations, cultural and community groups, Government De­ partments, and Government agencies) that are concerned with the care and protection of children and young persons.
Every Care and Protection Resource Panel may at any time be discharged, altered, or reconstituted by the chief executive.

(2) (3) (4) 344 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 10 s 431 Section 428 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
429 Functions of Care and Protection Resource Panels (b) The functions of every Care and Protection Resource Panel shall be— (a) To provide advice to Social Workers, Care and Protec­ tion Co­ordinators, and members of the Police on the exercise or performance, by such persons, of the func­ tions, powers, and duties conferred or imposed on them by or under Part 2 or Part 3 of this Act: To receive reports from Care and Protection Co­ordin­ ators on matters relating to the exercise or performance, by such Co­ordinators, of the functions, powers, and du­ ties conferred or imposed on them by or under this Act: To promote co­ordination of the provision of services by the community to children and young persons in need of care or protection, and to the families and family groups of such children and young persons: To advise the chief executive on matters relating to the appointment of Care and Protection Co­ordinators.
Paragraph (d) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

(d) (c) 430 Care and Protection Resource Panels may regulate own procedure Every Care and Protection Resource Panel may regulate its own procedure.
431 Annual report Without limiting the right of a Care and Protection Resource Panel to report at any other time, each Care and Protection Resource Panel shall, within 3 months after the expiration of each year ending with the 31st day of March or such other date as may from time to time be directed by the chief executive, furnish to the chief executive a report on the exercise of that Panel’s functions under this Act during that year.
345 Part 10 s 432 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Section 431 was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.

432 Fees and allowances (1) (2) Every Care and Protection Resource Panel is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
There may be paid out of funds appropriated by Parliament for the purpose to the members of any Care and Protection Resource Panel remuneration by way of fees, salary, or allow­ ances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

433 Establishment of Youth Courts Youth Courts Every District Court shall have a division to be known as a Youth Court.
434 Principal Youth Court Judge (1) (2) The Governor­General must, on the advice of the Attorney­ General, appoint a Principal Youth Court Judge.

The appointment must be for a period of 8 years, and the per­ son is not eligible for reappointment as Principal Youth Court Judge.

(3) A person’s appointment as Principal Youth Court Judge ceases if he or she ceases to hold ofﬁce as a District Court Judge.
(4) With the prior approval of the Governor­General, the Principal Youth Court Judge may resign that ofﬁce but continue in ofﬁce as a District Court Judge.

To avoid doubt, a person does not cease to hold ofﬁce as a District Court Judge solely because the term of the person’s appointment as Principal Youth Court Judge has come to an end.

(5) (6) Despite subsection (2), the Principal Youth Court Judge con­ tinues in ofﬁce until his or her successor comes into ofﬁce.
346 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 10 s 435A (7) The Principal Youth Court Judge is responsible for ensuring the orderly and expeditious discharge of the business of the Court in consultation with the Chief District Court Judge.

Section 434 was substituted, as from 20 May 2004, by section 3 Children, Young Persons, and Their Families Amendment Act 2004 (2004 No 39).
See section 4 of that Act as to the new section 434(2) not applying to the existing Principal Youth Court Judge.

(2) 435 Designation of Youth Court Judges (1) The Chief District Court Judge shall, from time to time, on the recommendation of the Principal Youth Court Judge, des­ ignate a sufﬁcient number of District Court Judges as Youth Court Judges, and may, from time to time, revoke any such designation.
For the avoidance of doubt, it is hereby declared that a Family Court Judge may be designated as a Youth Court Judge.

(3) A person shall not be designated a Youth Court Judge unless that person is a suitable person to deal with matters within the jurisdiction of a Youth Court by virtue of that person’s training, experience, and personality and understanding of the signiﬁcance and importance of different cultural perspectives and values.
(4) A Family Court Judge shall not be designated as a Youth Court Judge without the concurrence of the Principal Family Court Judge.

435A Stationing of Judges and sittings of Courts (1) Each Youth Court Judge must be stationed in the town, and must sit in the Court, that may from time to time be determined by the Principal Youth Court Judge.
(2) Despite subsection (1), the fact that a Youth Court Judge sits in any particular Court is conclusive evidence of the Judge’s authority to do so, and no exercise of any jurisdiction or power by a Youth Court Judge may be questioned on the ground that the Judge was not stationed in the town or authorised to sit in the Court where he or she exercised the jurisdiction or power.
Sittings of a Youth Court for the dispatch of its business must be held on the days and times that may be appointed by the (3) 347 Part 10 s 436 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Judge exercising the jurisdiction of the Court at the place at which the sittings are held.

(5) (4) However, the days appointed for regular sittings of a Youth Court are subject to the approval of the Principal Youth Court Judge.
In exercising his or her powers under this section, the Principal Youth Court Judge must consult with the Chief District Court Judge.

This section is subject to section 9 of the District Courts Act 1947.

Section 435A was inserted, as from 20 May 2004, by section 5 Children, Young Persons, and Their Families Amendment Act 2004 (2004 No 39).
(6) 436 District Court Judge may exercise jurisdiction in absence (1) (2) of Youth Court Judge In the case of the absence from any Court of any Youth Court Judge (from whatever cause the absence may arise), or in any case where no District Court Judge has been designated as a Youth Court Judge to exercise jurisdiction in a Youth Court, any District Court Judge may exercise jurisdiction in that Court.
The fact that a District Court Judge exercises jurisdiction in a Youth Court under this section shall be conclusive evidence of the authority of that District Court Judge to do so, and no act done by that District Court Judge while acting as such shall, in any proceedings, be questioned on the ground that the occasion for so acting had not arisen or had ceased.
Miscellaneous provisions relating to proceedings under this Act 437 Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person (1) Where any application is made to, or any proceedings are com­ menced in, any Court under this Act, being an application or proceedings relating to any child or young person, it shall be the duty of the person making the application or commencing the proceedings to give notice of the application or proceed­ 348 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 10 s 438 (2) ings to a parent or guardian or other person having the care of the child or young person together with a copy of any such application or proceedings.
Every notice given under subsection (1) of this section shall specify— (a) The nature of the application or proceedings and any orders sought in sufﬁcient detail to enable that parent or guardian or other person to understand both the nature and implications of the application or proceedings; and The rights or obligations of any parent or guardian or other person to appear at the hearing of the application or proceedings or be represented by a barrister or solici­ tor.
(b) (3) Where any order is made by a Court on any application made or in any proceedings brought under this Act relating to a child or young person, it is the duty of the Registrar of the Court by which the order was made to give notice of the making of the order to a parent or guardian or other person having the care of the child or young person, and also give that parent or guardian or other person a copy of the order.
Every notice given under subsection (3) of this section shall specify— (a) The terms of the order made in sufﬁcient detail to enable the parent or guardian or other person to understand both the nature and implications of it; and (4) (b) Any rights of appeal against the order.

438 Restriction on publication of reports of proceedings (1) Subject to subsection (2) of this section, no person shall pub­ lish any report of proceedings under this Act except with the leave of the Court that heard the proceedings.
(2) Nothing in subsection (1) of this section applies to the publi­ cation of— (a) Any report in any publication that— (i) Is of a bona ﬁde professional or technical nature; and Is intended for circulation among members of the legal, medical, or teaching professions, ofﬁcers of the Public Service, psychologists, counsellors (ii) 349 Part 10 s 439 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 carrying out duties under this Act or the Family Proceedings Act 1980, or social welfare workers: Statistical information relating to proceedings under this Act: The results of any bona ﬁde research relating to pro­ ceedings under this Act.
(b) (c) (3) In no case shall it be lawful to publish, in any report of pro­ ceedings under this Act,— (a) The name of any child or young person or the parents or guardians or any person having the care of the child or young person; or The name of any school that the child or young person is or was attending; or Any other name or particulars likely to lead to the iden­ tiﬁcation of the child or young person or of any school that the child or young person is or was attending: In the case of proceedings under Part 4 of this Act, the name of any complainant.
(b) (c) (d) (4) Nothing in this section shall be construed to limit— (a) (b) The provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to judicial proceedings; or The power of any Court to punish any contempt of Court.
(5) Every person who contravenes this section commits an offence against this Act and is liable on summary conviction,— (a) In the case of an individual, to a ﬁne not exceeding $2,000: In the case of a body corporate, to a ﬁne not exceeding $10,000.
(b) Compare: 1974 No 72 s 24; 1980 No 94 s 169; 1982 No 135 s 6 439 Proceedings not invalid because of mistake as to age (1) No conviction or order or direction or other process or pro­ ceedings or action taken shall be held invalid by reason only that it related to a person who was not a child or young per­ son if there were, at the time of conviction, order, direction, process, proceedings, or action, reasonable grounds for believ­ ing that that person was a child or young person.
350 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 10 s 442 (2) Notwithstanding subsection (1) of this section, on the appli­ cation of either party a rehearing of an information may be granted under the provisions of section 75 of the Summary Proceedings Act 1957 (as applied by section 321 of this Act) and where the proceedings should have been dealt with in a District Court the proceedings shall be remitted to a District Court to be reheard in that Court.
Compare: 1974 No 72 s 44 440 Proceedings not to be questioned for want of form No information, summons, conviction, order, sentence, bond, warrant, or other document under this Act, and no application, proceedings, or process under this Act, shall be quashed, set aside, or held invalid by any Court by reason only of any de­ fect, irregularity, omission or want of form unless the Court is satisﬁed that there has been a miscarriage of justice.
Compare: 1974 No 72 s 45 441 Court may determine age of child or young person in (1) (2) absence of evidence If, in any application or proceedings under this Act, the age of any child or young person is in question, the Court in which the application is made or the proceedings are brought shall, in the absence of sufﬁcient evidence, ﬁx the age of the child or young person, and the age so ﬁxed shall, for the purposes of this Act, be the true age of that child or young person.
Every guardianship order or custody order made pursuant to this Act shall specify the age of the child or young person to whom it relates, and where the age of the child or young person is ﬁxed under subsection (1) of this section, the order shall be endorsed to that effect.
Compare: 1974 No 72 s 98 442 No Court fees payable No Court fees of any of the following kinds shall be payable in respect of any proceedings under this Act: Any fee for the ﬁling of any document: (a) (b) Any setting down fee: 351 Part 10 s 443 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Any hearing fee.
(c) Compare: 1974 No 72 s 99(5) 443 Issue and execution of warrants Any warrant issued under any provisions of this Act may be issued or executed at any hour of the day or night and may be issued or executed on a Sunday as on any other day.
Compare: 1974 No 72 s 101 444 Liability of persons providing reports No person who furnishes a report to any Court for the purposes of any proceedings under this Act or who supplies any infor­ mation for the purposes of any such report shall be under any civil or criminal liability in respect of the furnishing of that report or the supply of that information unless the report was furnished or the information was supplied in bad faith.
445 Witnesses expenses (1) Where any person is required to give evidence before a Fam­ ily Court or a Youth Court, that person may, if the Court so directs, be paid fees, allowances, and expenses, and the pro­ visions of any regulations in that behalf under the Summary Proceedings Act 1957 and for the time being in force shall ap­ ply accordingly.
(2) A Family Court or Youth Court, as the case may be, shall have the powers of a Court under any such regulations to ﬁx or disallow, in whole or in part, or increase the amounts payable under those regulations.

Compare: 1974 No 72 s 102 Search warrants Sections 445A to 445C and the preceding heading were inserted, as from 2 September 1996, by section 2 Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).
445A Person executing warrant to produce evidence of authority and identity Every Social Worker, member of the Police, or other person executing any warrant issued under section 39 or section 40 or 352 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 10 s 445B section 122 or section 157(2) or section 205(2)(b) or section 386 of this Act— (a) (b) Shall have that warrant with him or her; and Shall produce it on initial entry and, if requested, at any subsequent time; and Shall identify himself or herself to any person in or on the dwellinghouse, building, aircraft, ship, carriage, ve­ hicle, premises, or place who questions his or her right to enter or search the same or to take possession of the child or young person; and If he or she is a member of the Police who is not in uni­ form, shall produce evidence that he or she is a member of the Police; and If he or she is a Social Worker, shall produce evidence that he or she is a Social Worker; and If he or she is a person (not being a Social Worker) authorised by the warrant to take possession of the child or young person, shall produce evidence that he or she is the person so authorised.
(c) (d) (e) (f) Compare: 1968 No 63 s 19(5); 1983 No 76 s 2 Sections 445A to 445C and the preceding heading were inserted, as from 2 September 1996, by section 2(1) Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).
445B Authority to use facsimile copy of warrant (1) In this section, the term facsimile copy, in relation to a war­ rant, means a copy of the warrant that is produced by a fac­ simile machine, computer, or other electronic device when the warrant is sent by facsimile transmission.
(2) Any District Court Judge, Justice, Community Magistrate, or Registrar (not being a member of the police) may authorise the use of a facsimile copy of a warrant issued under section 39, 40, 122, 157(2), 205(2)(b), or 386 in the execution of that warrant.

(2A) The use of a facsimile copy of a warrant may be authorised when the warrant is issued, or later.

(2B) Subsection (2) is subject to subsection (3).
(3) No authorisation may be granted under subsection (2) of this section in relation to a warrant unless the District Court Judge, 353 Part 10 s 445B Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Justice, Community Magistrate, or Registrar is satisﬁed, hav­ ing regard to the circumstances of the case, that any delay in executing the warrant that may be caused if a facsimile copy is not able to be used for that purpose would or might unduly prejudice the purpose for which the warrant was issued.
(4) Where a District Court Judge, Justice, Community Magistrate, or Registrar grants an authorisation under subsection (2) of this section in relation to a warrant, the Judge, Justice, Community Magistrate, or Registrar, as the case may be, shall endorse on the face of the warrant— (a) The fact that a facsimile copy of the warrant may be used for the purpose of executing the warrant; and The date and time at which the authorisation expires, which shall be the close of the third day after the day on which the authorisation is granted,— (b) and shall sign that endorsement.
(5) A facsimile copy of a warrant in respect of which an author­ isation granted under this section is in force shall be treated, for all purposes, as if it were the warrant, and the provisions of this Act (including, without limitation, sections 445A and 445C and section 446(1)(a) and (b) of this Act) shall apply ac­ cordingly with all necessary modiﬁcations.
(6) Without limiting any other enactment or rule of law, it is hereby declared that section 39 of the Police Act 1958 (which relates to the protection of members of the Police for acts pursuant to process) applies in relation to a facsimile copy of a warrant in respect of which an authorisation granted under this section is in force as if that facsimile copy were the warrant.
Sections 445A to 445C and the preceding heading were inserted, as from 2 September 1996, by section 2(1) Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).

Section 445B(2): substituted, on 20 September 2007, by section 4 of the Chil­ dren, Young Persons, and Their Families Amendment Act 2007 (2007 No 46).

Section 445B(2A): inserted, on 20 September 2007, by section 4 of the Chil­ dren, Young Persons, and Their Families Amendment Act 2007 (2007 No 46).
Section 445B(2B): inserted, on 20 September 2007, by section 4 of the Children, Young Persons, and Their Families Amendment Act 2007 (2007 No 46).

Subsections (2) to (4) were amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting “Community Magis­ trate,”.
354 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 10 s 446 445C Issue and execution of warrants Any warrant issued under any provision of this Act may be issued or executed at any hour of the day or night and may be issued or executed on a Sunday as on any other day.
Compare: 1974 No 72 s 10 Sections 445A to 445C and the preceding heading were inserted, as from 2 September 1996, by section 2(1) Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).
Offences 446 Offences (1) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a ﬁne not exceeding $1,000 who— (a) Knowingly hinders or obstructs any person in the exe­ cution of a warrant under section 39 or section 40 or section 122 or section 157(2) or section 205 or section 386 of this Act, or in the exercise of the power conferred by section 42(1) or section 105(2) or section 318(1) or section 401(1)(a) or section 409(1)(a) of this Act (in­ cluding the power conferred by section 105(2) of this Act and applied in sections 80, 82(5), 104(3)(c), and 106(2) of this Act); or (b) Wilfully fails or refuses to afford to any person engaged in the execution of the warrant or the exercise of the power immediate entrance to any premises or any part of any premises; or (c) Without lawful authority removes from the custody of the chief executive any child or young person who has been placed in the custody of the chief executive pur­ suant to section 39 or section 40 or section 42 of this Act.
Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $1,000 who— (a) Incites or knowingly assists any child or young person to depart without proper authority from any residence under this Act, or from the custody and care of any per­ son who for the time being has been lawfully entrusted (2) 355 Part 10 s 446A Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 under this Act with the custody or care of the child or young person: (c) (b) Without lawful authority removes any child or young person from any residence under this Act, or from the custody or care of any person as aforesaid: Harbours or conceals any child or young person who has departed without proper authority or been removed without lawful authority from any residence under this Act, or from the custody or care of any person as afore­ said: (d) Obstructs any Social Worker or other ofﬁcer of the De­ partment in obtaining possession of any child or young person for the time being in the care of the chief execu­ tive or placed under the guardianship of the chief ex­ ecutive, or in carrying out any order under this Act.
Compare: 1974 No 72 s 103 Subsections (1)(c) and (2)(d) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
446A Children and young persons to whom section 446B applies Section 446B applies to a child or young person who is the subject of a protection order (as deﬁned in section 207C) that has not ceased to have effect under this Act in accordance with section 207ZI(1) and— (a) That the chief executive proposes to transfer under sec­ tion 207D to a participating State (as deﬁned in section 207B); or That the chief executive has decided to transfer under section 207D to a participating State; or That is an order in relation to which the chief executive has ﬁled in a Court an application under section 207K; or That a Court has ordered under section 207K be trans­ ferred to a participating State.
(b) (c) (d) Section 446B applies to a child or young person who is the subject of protection proceedings (as deﬁned in section 207B) that have not been discontinued under this Act in accordance with section 207W and— (1) (2) 356 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 10 s 446B (3) (4) (a) (b) That are proceedings in relation to which the chief ex­ ecutive has ﬁled in a Court an application under section 207Q; or That a Court has ordered under section 207Q be trans­ ferred to a participating State.
Section 446B applies to a child or young person who is the subject of a protection order registered in a Court under section 207X.

Section 446B applies to a child or young person who is the subject of protection proceedings registered in a Court under section 207X.

Sections 446A and 446B were inserted, as from 1 November 1999, by section 4 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Pro­ tection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
(1) 446B Offences available if child or young person is subject of certain protection orders or proceedings under Part 3A If this section applies to a child or young person,— (a) A person may be prosecuted for an offence against sec­ tion 446 in relation to that child or young person; and It does not matter whether the conduct that constitutes the offence occurs wholly within or wholly outside New Zealand or partly within or partly outside New Zealand.
(2) A person is not liable to be prosecuted under section 446 in (b) respect of conduct— (a) That constitutes an offence not only under section 446 but also under a law of a participating State (as deﬁned in section 207B); and For which the person was prosecuted in the participat­ ing State and convicted or found guilty or acquitted.
(b) (3) The Attorney­General must be consulted before a prosecution is commenced for an offence against section 446 that is alleged to have occurred partly or wholly outside New Zealand.

Sections 446A and 446B were inserted, as from 1 November 1999, by section 4 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Pro­ tection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
357 Part 10 s 447 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 447 Regulations Regulations The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (aa) Declaring a law of a participating State to be a child welfare law for the purposes of Part 3A: (a) (ab) Declaring a law to be an interstate law in relation to a participating State for the purposes of Part 3A: (ac) Declaring the holder of an ofﬁce or position to be the interstate ofﬁcer in relation to a participating State for the purposes of Part 3A: Providing for the management and inspection of resi­ dences established pursuant to section 364 of this Act: (b) Deﬁning the rights of children and young persons placed in any residence established pursuant to section 364 of this Act: Limiting the powers of the staff of any residence estab­ lished pursuant to section 364 of this Act to punish or discipline the children or young persons placed in the residence: regulating searches conducted under sections 384C and 384E and the inspection of incoming and outgoing mail under section 384B including, without limitation,— (i) (ca) (c) (ii) (iii) (iv) (v) prescribing the manner in which the searches and inspections may be carried out: prescribing the powers that may be exercised when conducting a search or inspection: providing for the seizure, disposal, safe keeping, or return of any article, drug, or substance found during a search or inspection: prescribing conditions on the disposal of any seized article, drug, or substance: prescribing procedures by which a child or young person may lay a complaint in relation to an in­ spection of mail or a search, and how the com­ plaint is to be dealt with: (d) Providing for the administration, management, and con­ trol of any centre that is established to provide for the 358 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 10 s 448 (e) (f) (g) (h) part­time care, training, or
 occupation of children or young persons: Prescribing the amounts payable to— (i) Any barrister or solicitor appointed under section 159 or section 160 of this Act: (ii) Any lay advocate appointed under section 163 or section 326 of this Act: (iii) Any Youth Advocate appointed under section 323 of this Act: Prescribing forms of applications, licences, notices, or other documents for the purposes of this Act, or author­ ising the chief executive to prescribe or approve forms, and requiring the use of such forms: Conferring rights of review of any decision or determin­ ation made or any requirements or conditions imposed under regulations made pursuant to this section: Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
Compare: 1974 No 72 s 105; 1983 No 129 s 15 Paragraphs (aa) to (ac) were inserted, as from 1 November 1999, by section 5 Children, Young Persons, and Their Families (Trans­Tasman Transfer of Pro­ tection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

Paragraph (ca) was inserted, as from 25 June 2001, by section 5 Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3).
See section 6(2) of that Act as to regulations made under the principal Act prior to 25 June 2001 not being invalid.

Paragraph (e)(ii) was amended, as from 1 November 1989, by section 5 Chil­ dren, Young Persons, and Their Families Amendment Act 1989 (1989 No 70) by inserting “or section 326”.

Paragraph (f) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “chief executive” for “Director­General”.
448 Rules of procedure (1) The Governor­General may, by Order in Council, make rules regulating the practice and procedure of Youth Courts under this Act.
Rules may be made regulating the practice and procedure of Courts (other than Youth Courts) under this Act,— (2) 359 Part 10 s 448A Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (a) (b) (c) in the case of the High Court, under section 51C of the Judicature Act 1908: in the case of District Courts, under section 122 of the District Courts Act 1947: in the case of Family Courts, under section 16A of the Family Courts Act 1980.
Section 448 was substituted, as from 13 September 2002, by section 6 Fam­ ily Courts Amendment Act 2000 (2000 No 65).

See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).

448A Transitional provisions relating to rules (1) Subsections (2) to (4) apply to rules made under section 448 that are in force immediately before the commencement of this section, unless those rules are revoked on or after the commencement of this section.
Rules to which this subsection applies that regulate the prac­ tice or procedure of the Youth Courts continue to regulate the practice or procedure of the Youth Courts as if they had been made under section 448(1).

Rules to which this subsection applies that regulate the prac­ tice or procedure of the High Court continue to regulate the practice or procedure of the High Court until any rules referred to in section 448(2)(a) come into force.
Rules to which this subsection applies that regulate the prac­ tice or procedure of the District Courts continue to regulate the practice or procedure of the District Courts until any rules referred to in section 448(2)(b) come into force.

Section 448A was inserted, as from 13 September 2002, by section 6 Fam­ ily Courts Amendment Act 2000 (2000 No 65).

See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).
(2) (3) (4) 360 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 11 s 450 Part 11 Amendments to other enactments, repeals, savings, and transitional provisions Amendments to other enactments 449 Consequential amendments The enactments speciﬁed in Schedule 2 to this Act are hereby consequentially amended in the manner indicated in that Schedule.
450 Adoption Act 1955 amended (1) Section 6 of the Adoption Act 1955 is hereby amended by re­ pealing subsection (4), and substituting the following subsec­ tion: “(4) This section shall not apply in any case where— “(a) The child is in the home pursuant to any provision of the Children, Young Persons, and Their Families Act 1989 or to an order made pursuant to that Act; or “(b) The child is in the home pursuant to an order made pur­ suant to the Guardianship Act 1968; or “(c) The child is in the home of one of the child’s parents and a step­parent of the child; or “(d) The child is in the home of a relative of the child (not being a relative who, in the absence of special circum­ stances, is prohibited, by reason of age or sex, from adopting the child).” (2) Notwithstanding anything in subsection (1) of this section, where, immediately before the commencement of this section, any person has a child in that person’s home for care under a licence or warrant of exemption granted under section 73 of the Children and Young Persons Act 1974, nothing in section 6 of the Adoption Act 1955 shall apply, during the period of 6 months beginning on the date of the commencement of this section, to the keeping of that child by that person.
361 Part 11 s 451 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 451 Department of Social Welfare Act 1971 consequentially amended [Repealed] Section 451 was repealed, as from 1 April 1990, by section 33(2)(e) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

452 Local Government Act 1974 consequentially amended [Repealed] Section 452 was repealed, as from 1 July 1992, by section 92(2) Building Act 1991 (1991 No 150).
453 Summary Offences Act 1981 amended The Summary Offences Act 1981 is hereby amended by in­ serting, after section 10, the following sections: “10A Ill­treatment or wilful neglect of child Every person is liable to imprisonment for a term not exceed­ ing 6 months or to a ﬁne not exceeding $2,000 who,— “(a) Being a paid or unpaid staff member of a residence under the Children, Young Persons, and Their Families Act 1989, ill­treats or wilfully neglects any child under the age of 17 years who resides in that residence; or “(b) Being a person to whom the care or custody of a child under the age of 17 years has been lawfully entrusted, ill­treats or wilfully neglects that child.
“Compare: 1974 No 72 s 103(1) “10B Leaving child without reasonable supervision and care Every person is liable to a ﬁne not exceeding $1,000 who, be­ ing a parent or guardian or a person for the time being having the care of a child under the age of 14 years, leaves that child, without making reasonable provision for the supervision and care of the child, for a time that is unreasonable or under con­ ditions that are unreasonable having regard to all the circum­ stances.
“Compare: 1974 No 72 s 9” 454 Criminal Justice Act 1985 amended (1) The Criminal Justice Act 1985 is hereby amended by inserting, after section 139, the following section: 362 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 11 s 454 “139A Protection of identity of children called as witnesses in criminal proceedings “(1) Subject to subsection (2) of this section, no person shall pub­ lish, in any report of any criminal proceedings in any Court, the name of any person under the age of 17 years who is called as a witness in those proceedings or any particulars likely to lead to the identiﬁcation of that person.
“(2) Nothing in subsection (1) of this section prevents the publica­ tion of the name of the defendant or the nature of the charge.

“(3) Every person who acts in contravention of subsection (1) of this section commits an offence and is liable on summary con­ viction,— “(a) In the case of an individual, to imprisonment for a term not exceeding 3 months or to a ﬁne not exceeding $1,000: In the case of a body corporate, to a ﬁne not exceeding $5,000.
“(b) (2) “Compare: 1974 No 72 s 97” The Criminal Justice Act 1985 is hereby amended by inserting, after section 142, the following section: “142A Detention of children or young persons serving sentence of imprisonment “(1) Notwithstanding anything in the Penal Institutions Act 1954, any child or young person who is serving a sentence of im­ prisonment may be detained under that sentence not only in accordance with the Penal Institutions Act 1954 but also in any residence for the time being approved by the Director­General of Social Welfare and the Secretary.
“(2) The provisions of the Penal Institutions Act 1954 and this Act shall continue to apply, with such modiﬁcations as are neces­ sary, to any such child or young person who is detained for the time being in any such residence.
“(3) For the purposes of this section the terms child, young person, and residence have the same meanings as they have in the Children, Young Persons, and Their Families Act 1989.” Compare: 1974 No 72 s 103A; 1977 No 126 s 18 363 Part 11 s 455 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 455 Child Care Regulations 1985 consequentially amended (1) Regulation 2 of the Child Care Regulations 1985 (SR 1985/48) (as amended by section 2(3) of the Education Amendment Act 1986) is hereby amended by revoking paragraphs (a) and (b) of the deﬁnition of the term other institution, and substituting the following paragraph: “(a) A residence within the meaning of section 2(1) of the Children, (2) Young Persons, and Their Families Act 1989:”.
The amendment, by subsection (1) of this section, of the Child Care Regulations 1985 shall be without prejudice to any power of amending or revoking those regulations.

Repeals and savings 456 Repeals and savings (1) (2) The enactments speciﬁed in Schedule 3 to this Act are hereby repealed.

The repeal of the Children and Young Persons Amendment Act 1982 by subsection (1) of this section shall not affect the amendment made by section 20 of that Act to the Department of Social Welfare Act 1971.
Transitional provisions 457 Complaints [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).

458 Informations [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).
459 Guardianship orders [Repealed] Subsection (2) was substituted, as from 1 November 1989, by section 6(2) Chil­ dren, Young Persons, and Their Families Amendment Act 1989 (1989 No 70).

Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).
364 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Part 11 s 466 460 Plans and reports to be furnished to Court in respect of orders deemed to be guardianship orders under this Act [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).
461 Review of orders deemed to be guardianship orders under this Act [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).

462 Applications for review of guardianship orders [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).
463 Supervision orders [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).

464 Applications for review of supervision orders [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).
465 Complaints for failure to observe conditions of supervision order [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).

466 Agreements for control of child or young person by the Director­General [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).
365 Part 11 s 467 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 467 Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974 [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).
467A Building Act 2004 (1) Where any person making inspections under this Act be­ lieves that any building or sitework does not comply with the Building Act 2004, that person shall by notice in writing give to the appropriate territorial authority details of the respects in which the building or sitework is believed not to comply.

For the purposes of this section, the terms building, sitework, and territorial authority have the meanings ascribed to them by the Building Act 2004.
Section 467A was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

(2) Section 467A was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting “Building Act 2004” for “Building Act 1991” wherever they appear.

See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
468 Agreements for assumption of care of child or young person by manager of home or recognised system of foster care [Repealed] Sections 468 and 469 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).

469 Administration of property by Public Trustee [Repealed] Sections 468 and 469 were repealed, as from 1 October 1999, by section 13 De­ partment of Child, Youth and Family Services Act 1999 (1999 No 82).
Schedule 1 Provisions applied to Youth Courts and to proceedings in such Courts Section 321 The District Courts Act 1947, except that— 1 366 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Schedule 1 (a) Where any provisions of this Act conﬂict with any of the provisions of the District Courts Act 1947, the pro­ visions of this Act shall prevail: (b) Nothing in section 22 of the District Courts Act 1947 shall apply in respect of Youth Court Judges or the business of Youth Courts.
Clause 1(b) was amended, as from 2 September 1996, by section 3(4) District Courts Amendment Act 1996 (1996 No 119) by omitting “section 9 or”.
(b) (c) Part 2 of the Summary Proceedings Act 1957, except that— (a) Informations against young persons shall continue to be ﬁled in District Courts notwithstanding that they may be heard and determined in Youth Courts: Sections 21 and 31(1A) shall not apply: Unless a District Court Judge otherwise orders, charges which are against young persons and which are within the jurisdiction of the Youth Court shall be heard and determined in the Youth Court that is a division of the District Court in which the information is ﬁled: (d) Neither a Justice nor a Community Magistrate may ex­ ercise any of the powers conferred by section 34(2): (e) Sections 41, 44, 67(2), 68(1), 68(4), and 71 shall not apply: Sections 75 to 77 shall apply as if the proving of a charge were a conviction.
(f) (g) Clause (2)(d) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by substituting “Neither a Justice nor a Community Magistrate may”.

for “A Justice shall not”.

Clause 2(d) was amended, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38) by substituting “section 34(2)” for “sections 34(2) and 53”.

See section 75 of that Act as to the savings provisions.
Clause 2(e) was repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).
Part 3 of the Bail Act 2000 except that— (a) neither a Justice nor a Community Magistrate may ex­ ercise any of the powers conferred by section 34: 367 2 3 Schedule 2 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 (b) “ the provisions of section 31 apply as if there were in­ serted in that section, as subsections (1A) and (1B), the following subsections: “(1A) Despite anything in subsection (1), if the hearing is adjourned for the purpose of enabling a family group conference to be held under the provisions of the Children, Young Persons, and Their Fam­ ilies Act 1989, the defendant must be excused from attending at the time and place to which the hearing is adjourned if, before that time, the Youth Justice Co­ordinator convening that con­ ference notiﬁes the Court, in writing, that the pro­ ceedings of that family group conference will not be completed by that time.
“(1B) If, under subsection (1A), the defendant is ex­ cused from attending any hearing, and the Court adjourns that hearing, the Registrar must notify the defendant of the time and place to which the hearing is adjourned.” Clause 3 was inserted, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).

See section 75 of that Act as to the savings provisions.
Schedule 2 Enactments amended Section 449 1947, No 16—The District Courts Act 1947 (RS Vol 5, p 1) 368 By repealing subsection (2) of section 10A (as inserted by section 4 of the Dis­ trict Courts Amendment Act 1974), and substituting the following subsection: “(2) Notwithstanding the provisions of section 435 of the Children, Young Persons, and Their Fam­ ilies Act 1989, any person so appointed may at the same time or at any subsequent time during the term of that person’s appoint­ Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Schedule 2 1957, No 87—The Summary Proceedings Act 1957 (RS Vol 9, p 583) ment be designated as a Youth Court Judge, and any such des­ ignation shall take effect during any period when and in any place where pursuant to subsection (4) of this section that person is en­ titled to act as a Judge.
By repealing paragraph (e) of section 8(1), and substituting the following paragraph: “(e) The jurisdiction and powers of established any Youth Court under section 433 of the Chil­ dren, Young Persons, and Their Families Act 1989: By repealing subsection (13) of section 20A (as inserted by section 7(1) of the Summary Proceedings Amendment Act 1973), and substituting the following subsection: “(13) This section shall not apply where the defendant, or, where 2 or more persons are jointly charged, at least one of the de­ fendants, is under the age of 17 years, unless the charge is for a trafﬁc offence (as deﬁned in sec­ tion 2(1) of the Children, Young Persons, and Their Families Act 1989) which is not punishable by imprisonment.
369 Schedule 2 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 By repealing section 205, and substitut­ ing the following section: “205 Proceedings not invalid because defendant should have been dealt with in Youth Court— “(1) No conviction or order or other process or proceeding shall be held invalid by reason only that at the time the defendant was con­ victed the defendant should by reason of his or her age have been dealt with in a Youth Court.
“(2) Where subsection (1) of this sec­ tion applies, on the application of either party a rehearing of the in­ formation may be granted under section 75 of this Act, and, if at the time appointed for the rehear­ ing the defendant is still a child or young person within the meaning of the Children, Young Persons, and Their Families Act 1989, the Court shall remit the proceedings to a Youth Court to be reheard in that Court.
By repealing section 209, and substitut­ ing the following section: “209 Act not to apply to Youth Court unless provided­Ex­ cept as expressly provided in the Children, Young Persons, and Their Fam­ ilies Act 1989, nothing 370 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Schedule 2 in this Act shall apply to proceedings in any Youth Court.
1968, No 63—The Guardianship Act 1968 (RS Vol 9, p 147) By omitting from section 17(4) the words “Child Welfare Act 1925”, and substituting the words “Children, Young Persons, and Their Families Act 1989”.

By repealing section 34, and substitut­ ing the following section: “34 Other Acts not affected­ Except as expressly pro­ vided in this Act, noth­ ing in this Act shall limit or affect the provisions of the Children, Young Per­ sons, and Their Families Act 1989 or of the Family Proceedings Act 1980.
1975, No 9—The Ombudsmen Act 1975 (RS Vol 21, p 657) By inserting in Part 2 of Schedule 1, after the item relating to the Children’s Health Camps Board, the following item: “The Commissioner for Children 371 Schedule 2 Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 1980, No 161—The Family Courts Act 1980 By inserting in section 11(1), after para­ graph (g), the following paragraph: “(ga) The Children, Young Persons, and Their Families Act 1989: By omitting from subsection (1)(a)(i) of section 58, and also from subsection (2)(a)(i) of that section, the words “section 2 of the Children and Young Persons Act 1974”, and substituting in each case the words “section 2(1) of the Children, Young Persons, and Their Families Act 1989”.
By inserting in Part A of Schedule 1, after the item relating to Family Courts, the following item: “Youth Courts 1987, No 74—The Immigration Act 1987 1987, No 176—The Maori Language Act 1987 1988, No 111—The Coroners Act 1988 So much as relates to the following has been omitted from this Schedule: The Offenders Legal Aid Act 1954 (1954 No 62): as from 1 February 1992, by section 159(2) Legal Services Act 1991 (1991 No 71).
The Education Act 1964 (1964 No 135): as from 23 July 1990, by section 50(5) Edu­ cation Amendment Act 1990 (1990 No 60).

Social Security Act 1964 (1964 No 136): impliedly, as from 1 October 1990, by section 11(1) Social Security Amendment Act (No 2) 1990 (1990 No 74).

The Legal Aid Act 1969 (1969 No 47): as from 1 February 1992, by section 159(2) Legal Services Act 1991 (1991 No 71).

The Wanganui Computer Centre Act 1976 (1976 No 19): as from 1 July 1993, by section 129(2) Privacy Act 1993 (1993 No 28).
The Higher Salaries Commission Act 1977: as from 1 July 1992, by section 3(2)(b) Higher Salaries Commission Amendment Act 1992 (1992 No 66).

Criminal Justice Act 1985 (1985 No 120), section 2(1): as from 1 September 1993, by section 2(2)(a) Criminal Justice Amendment Act 1993 (1993 No 43).

372 Reprinted as at 1 October 2007 Children, Young Persons, and Their Families Act 1989 Schedule 3 The Coroners Act 1988 (1988 No 111): as from 1 July 2007, by section 146 Coroners Act 2006 (2006 No 38).
Schedule 3 Enactments repealed Section 456 1974, No 72—The Children and Young Persons Act 1974.

1975, No 122—The Disabled Persons Community Welfare Act 1975: section 23.

1977, No 126—The Children and Young Persons Amendment Act 1977.

1979, No 59—The Local Government Amendment Act 1979: So much of Schedule 4 as relates to the Children and Young Persons Act 1974.

1980, No 87—The Children and Young Persons Amendment Act 1980.

1981, No 113—The Summary Offences Act 1981: Section 50(4).
1982, No 135—The Children and Young Persons Amendment Act 1982.

1983, No 129—The Children and Young Persons Amendment Act 1983.

1983, No 134—The Area Health Boards Act 1983: So much of the Schedule as relates to the Children and Young Persons Act 1974.

1986, No 28—The Education Amendment Act 1986: section 2(2).

1987, No 106—The Social Security Amendment Act 1987: section 32.

1988, No 20—The State Sector Act 1988: so much of Sched­ ule 5 as relates to the Department of Social Welfare Act 1971.
• • • • • • • • • • • • 373 Notes Children, Young Persons, and Their Families Act 1989 Reprinted as at 1 October 2007 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Children, Young Persons, and Their Families Act 1989.

It incorporates all the amendments to the Children, Young Persons, and Their Families Act 1989 as at 1 October 2007.
The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 18 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see "Making online legislation ofﬁcial" under "Status of legislation on this site" in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Sentencing Amendment Act 2007 (2007 No 27): section 58 Children, Young Persons, and Their Families Amendment Act 2007 (2007 No 46) Notes 1 2 3 374